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An effective legal system – continued...
Chapter 11 An effective legal system – continued...
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DELAYS Civil causes Lack of awareness Increases in litigation
Improved technology Lack of available judges
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Civil Changes Pre-trial procedures Direction hearings
Pre trial conferences ADR’s Collaborative laws
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Criminal causes Reluctance of witnesses Collection of evidence
Suspects refusing to cooperate Locating witnesses Committals causing delays
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Criminal Changes Special mention Compulsory conferences
Direct presentments Hand up brief method Case list management Direction hearing Charge negotiation Sentence indication scheme Acting judges Judicial registrars Extending court hour
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Recognition of prevailing values and basic human rights
MIGRANTS Different customs Different legal systems Refugees ABORIGIINAL PEOPLE Problems during questioning Taboos Different methods of dispute resolution
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Changes CHANGES The Koori Court Division Koori County Court
court model Changes CHANGES The Koori Court Division Koori County Court Children’s Koori Court Suggested Changes Education programs Extra funding for legal aid for migrants and Aboriginal Lawyers and judicial training Extending the Koori court model
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Recognition of prevailing values and basic human rights
Language Barriers Different meanings Changes Interpreters CALD mediators
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Recognition of prevailing values and basic human rights
Social circumstances Degree of education Degree of financial assistance Gender Occupation Ethnicity Cultural background Marital status Place of residence Perceived biases of judges Judges might not be representative
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Changes CHANGES Education of the judiciary Sexual offences list
Neighbourhood Justice Centre Mandatory continuing legal education for lawyers Collaborative law Suggested changes Greater use of ADRs Victim offender mediation More advertising of legal rights
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Home work Question 13 (delays in civil matters) page 551
Question 14 (Magistrates Criminal matters) page 555 Q15 to 17 (Cultural issues) page 557 Q 18 to 20 (Aboriginal issues) page 561 Q 21 to 23 (Language barriers) page Draft answers for Exam Revision Questions 1 to 34 page 579
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