1. ELEMENTS OF AN EFFECTIVE LEGAL SYSTEM
UNIT 4 LEGAL STUDIES
ELEMENTS OF AN EFFECTIVE
LEGAL SYSTEM

2. ELEMENTS OF AN EFFECTIVE LEGAL SYSTEM
ELEMENT 1 – Fair and unbiased hearing. *
Independent judge
Very strict rules of evidence and procedure
Parties are in control of their own case
Use of legal representation
Parties can call their own witnesses E.G Thomas Towle case
Cross-examination
Appeals system
Adversary system Jury system

3. ELEMENTS OF AN EFFECTIVE LEGAL SYSTEM
ELEMENT 2 – Access to Dispute Resolution
We have courts, tribunals and ADR
Good legal system- gives people access to it
Fast
Effective access
-Money, culture or social differences shouldn’t impact on peoples access- true access.

4. ELEMENTS OF AN EFFECTIVE LEGAL SYSTEM
ELEMENT 3 – Timely resolution of Disputes.
Delays
-Criminal: Supreme Court 8 months
-Civil: 13 to 15 months
-Family: up to 2 years
*After waiting time- when ready to go.
E.G- Russel street bombing- 18
Use of Tribunals, ADR, Pre-trial Procedures
Choose to have case heard summarily
Hand-up brief - Mention System - Legal Aid

5. ELEMENTS OF AN EFFECTIVE LEGAL SYSTEM
ELEMENT 4 – Recognition of Values and Rights
Should recognise how our society operates
Morals and values change over time
*Morals historically come from church
E.G: gay marriages, IVF, adoption, drug testing, abortion
Laws should reflect the morals of society

6. ELEMENTS OF AN EFFECTIVE LEGAL SYSTEM
WHAT IS IN OUR SYSTEM TO ACHIEVE A FAIR & UNBIASED HEARING?

7. ELEMENTS OF AN EFFECTIVE LEGAL SYSTEM
WHAT IS IN OUR SYSTEM TO ACHIEVE ACCESS TO DISPUTE RESOLUTION?

8. ELEMENTS OF AN EFFECTIVE LEGAL SYSTEM
WHAT IS IN OUR SYSTEM TO ACHIEVE TIMELY RESOLUTION OF DISPUTES?

9. ELEMENTS OF AN EFFECTIVE LEGAL SYSTEM
WHAT IS IN OUR SYSTEM TO RECOGNISE VALUES & RIGHTS?

10. ELEMENTS OF AN EFFECTIVE LEGAL SYSTEM
STRUCTURAL RESTRAINTS

11. ELEMENTS OF AN EFFECTIVE LEGAL SYSTEM
FINANCIAL RESTRAINTS

12. ELEMENTS OF AN EFFECTIVE LEGAL SYSTEM
SOCIAL & CULTURAL DIFFERENCES

13. ELEMENTS OF AN EFFECTIVE LEGAL SYSTEM
ECONOMIC DIFFERENCES