CHAPTER 5 Flashcards
(23 cards)
FAIRNESS?
- all people can participate in the justice system and that s process should be impartial and open
- for a fair trial judges and magistrates must remain impartial
- use of a lawyer
- the burden of proof lies on the plaintiff
- parties have access to all information about the case in advance
EQUALITY
all people are treated the same regardless of their gender, age and other personal attributes
for e.g.
- all parties are able to have legal representation regardless of their financial status
- translators are provided for those who may lack english abilities.
ACCESS:
people should have an understanding of their legal rights and ability to pursue their case
- legal aid, translators
What are the 3 methods of resolving a civil dispute?
mediation, concilliation, arbitration
Mediation? purpose and appropriateness
mediation is a non-judicial dispute resolution method that involves a third party, known as the mediator, who facilitates conversations without providing resolutions or suggestions
- not legally binding
- cheaper and faster
- ensures no power imbalance
Concilliation? purpose and appropriateness
concilliation is a non-judicial dispute resolution method that involves a third party, known as the concillator. the concillator possess specialist knowledge about the type of dispute and is able to give suggestions and resolutions to the parties
- relatively cheaper and faster
- not legally binding
Arbitration? purpose and appropriateness
Arbitration is a non-judicial dispute resolution method that involves a third party, known as the arbitrator. the arbitrator listens to evidence provided by both parties and makes a binding decision
- typically used for commercial disputes
- legally binding decision
- made within 120 days (relatively fast since some cases take years)
Reasons for a court hierachy:
- provides an avenue for appeals (this means when a plaintiff or defendant is dissatisified with the outcome of their case)
- allows for specialisation (courts are able to make a fairer decision because they har more similar cases regulary)
- each court has a jurisdiction (outlines of their limitations of their power)
CIVIL JURISDICTIONS:
magistrates court: civil claims up to 100k
county court: civil claims for unlimited of damages
e.g. personal injuries, claims against councils and etc
supreme court - trial division: civil claims for unlimited of damages
e.g. corporation law/ complex issues (can also hear appeals from lower courts)
supreme court - court of appeal - hears appeals
ADMINISTRATIVE CONVENIENCE:
- allows for a more efficient court system by:
- allocating matters to the court most suitable to taht level of severity of complexity of a case.
APPEALS:
a dissatified party may pursue to have a courts decision reviewed by a higher court
- not all eapps are garunteed to be accepted
- time limit on appealing
- elment of risk as the decision is binding
JUDGE?
- independent legal expert
presides the trial and ensures procedural fairness by overseeing all evidence
location of authority: more complex matters therefore county and supreme court
verdicts: jury determines the verdict
MAGISTRATES?
presides the trial
location of authority: magistrates court
verdict: magistrates determine the verdict
: making decisions on evidence, sentencing and bail
CASE MANAGEMENT POWERS?
- a similiarity between judge and magistrates
the ability for the judge or magistrates to make orders and provide directions to the parties, ensuring justice is delivered efficiently.
for e.g.
creating a timetable in which the parties will follow or may limit witnesses
JURY?
a group of randomly selected people
: required to deliver a verdict based on evidence presented to them in the court
in a civil trial the jury composes of 6 people and their role is to decide whether the plaintiff has proven has proven their claim on the balance or responsibility
WHAT IS SOLICITORS: (WHY WE NEED)
legal practitioners that are involved in preparation work before court proceedings.
- provide advice, negotiation and prepare legal documents for clients in a court
- advise and represent this client
2 types of legal practitioners?
barrister and solicitor
WHAT IS A BARRISTER: (WHY DO WE NEED)
legal practitioners that represent either the defendant or plaintiff
- constructs legal arguments, question witnesses, and summarise the case to the judge/magistrates
- NEED FOR IT;
help present your case in court to ensure a fair outcome bcs u have a professional presenting your case
WHAT IS A CLASS ACTIONS:
a legal proceeding where one or numerous plaintiffs acting for themselves or the behalf of a wider group who have a claim with similar facts
- many class actions are related to faulty products, cause harm or misrepresented to the clients
THE USE OF CLASS ACTIONS?
the lead plaintiff (aka an individual of a class actions whothe wide group of those who were allegedly wronged by a defendent) initiates a claim on the behalf of they group.
IF CLASS ACTIOSN FAILS?
the lead plaintiff is solely responsible for the costs of teh proceedings and adverse court orders, group members are under no obligation to proceeding costs
IF CLASS ACTIONS WIN?
share cross of bringing he proceedings
TYPES OF CLASS ACTIONS (WHEN APPROPRIATE)
workplace accidents, medical malpractice, financial malpractice
