Courts

Question 1

What is judicial determination?

Answer 1

• A method of dispute resolution, whereby a judge or magistrate will make a legally binding decision after the parties present their cases at a trial or hearing

Question 2

Purposes of courts

Answer 2

• Provide access to an experience and independent legal expert, such as a magistrate or judge
• Provide access to trial by jury
• Provide a method to resolve class actions
• Provide parties with a legally binding and enforceable outcome
• Provide the avenue for an appeal
• Provide a legal setting for precedents to be established

Question 3

When are courts appropriate?

Answer 3

• If the claim falls within the jurisdiction and is unlikely to be heard at any other avenue
• If the matter is legally complex and may require the expertise of an highly experienced adjudicator
• When parties have considered the cost time and possible delays associated with court proceedings, and both parties have the funds to satisfy these factors
• When parties would prefer the formalities associated with the strict rules of evidence and procedure found within a court trial
• When parties have attempted to resolve their district through other mains, such as mediation or negotiation, and these attempts have failed
• When parties want the predictability of precedent

Question 4

When are courts inappropriate?

Answer 4

• If parties would like to negotiate and resolve the dispute themselves with the ability to influence the outcome
• If parties may not want to deal with complicated pretrial procedures such as filing claims or discovery
• If the parties would prefer less costly and time consuming dispute resolution method
• If the parties wish to self representation or not engage legal representation therefore using a more informal method may be more appropriate
• If parties wish to maintain an ongoing relationship with each other, due to the adversarial nature of courts

Question 5

Strengths of courts

Answer 5

• Pre-trial procedures allow the parties to ensure a more efficient and timely resolution of disputes, as well as having an opportunity to know the strength and weaknesses of each other’s case
• Procedural fairness is insured by certain processes, such as directions and orders, that ensure the dispute is resolved in a timely manner and ensuring that parties undertake procedures such as discovery
• The court makes a binding decision, meaning the outcome is certain and enforceable

Question 6

Weaknesses of courts

Answer 6

• Case is taken to court often suffer delays such as pretrial procedures, discovery as well as decision and deliberation
• The costs can jeopardise access to the courts and parties may not be treated equally because of their socioeconomic status
• Many of the procedures are complex and difficult to understand without a lawyer, such as pleadings and directions, as well as trial procedures like cross examination