linking pojs and s&w Flashcards
(8 cards)
S&W OF CLASS ACTIONS:
fairness (S):
Class actions may provide a remedy for those who
have suffered a loss that would be too small to
recover individually in the courts, enabling these
individuals to participate in the justice system,
thus promoting fairness
fairness (L)
- Fairness can depend on the settlement reached.
If the amount of compensation received is less
than anticipated, the group members may not
be compensated sufficiently
S&L LINKING O POJS (CAV)
access (srengh)
- CAV PROVIDES FREE SERVICES to all members of the
Victorian public and is therefore an accessible
method of dispute resolution.
- As CAV’s CONCILLIATION PROCESS is CONDUCTED IN PRIVATE , this promotes access to justice where
parties do not wish to resolve the dispute through
a public trial.
access (limiation)
- CAV’s conciliation process MAY NOT RESULT TO AN AGREEMENT TO RESOLVE DISPUTES, limiting access
to justice.
S&L LINKING O POJS (VCAT)
access (strength)
- VCAT PROVIDES LOW-COSTING DISPUTE RESOLUTION SERVCIES, allowing more people to be able to afford
to bring their civil claims to VCAT and engage
with the justice system, which promotes access
to justice.
- VCAT PROVIDES INTEREPRETING AND TRANSLATOR SERVICES
free of charge, allowing those who do not speak
English to engage with the justice system on and
informed basis, promoting access.
access (limitation)
- VCAT CAN ONLY SOLVE MATTERS WITHIN THERE JURISDICTION, meaning some civil matters must
proceed to the courts, reducing access to justice
for some, such as if they cannot afford to take the
matter to court.
6S&L LINKING O POJS (COURTS)
fairness (strength)
- Jurors, if used, can encourage a fair outcome that
reflects the views and values of a cross-section
of society.
fairness limitation (If a party is self-represented, the possibility of an
unfair trial is increased as legal processes and
proceedings are difficult to navigate without
legal experts.)
access (srength)
- (USE OF AN ALTENATIVE DISPUTE RESOLUTION) , such as mediation, prior to trial
promotes access, if successful, as they are low
cost and relatively informal.
acess (weakness)
- The high costs associated with civil proceedings,
such as court and legal representation expenses,
can discourage individuals from ini
S&L LINKING POJS (TIME)
fairness:
Dispute resolution bodies, like VCAT, that have
lower waiting times than the courts, can enable
disputes to be heard and determined in a timely
manner, encouraging a just and fair outcome. The
credibility of evidence can also be preserved if there
is an early or prompt determination of the case
fairness (lim)
- Delays can compromise the application of
procedural fairness and increase stress for all
parties, particularly more vulnerable populations
impact of cost and time of the justice system and the ability to achieve for
impact (access)
- high legal costs (court fees, legal rep, and expert witness) therefore limits to access
(impact equality)
- wealthier parties may be able to afford a stronger lgal team therfore limits equality
impact time:
(FAIRNESS)
- Civil disputes often take months or even years to be resolved due to court delays, long procedures, and appeals. This delay can impact fairness, as justice delayed may be justice denied.
(access)
- Long wait times also reduce access, as people may choose not to proceed with a claim because of the time and stress involved.
Evaluating the Ability of the Justice System to Achieve the Principles of Justice
fairness (strength)
- The court system provides a fair hearing through rules of evidence and procedure
lfairnes (limitation)
- Some individuals, especially those without legal representation, may not fully understand legal processes, leading to unfair outcomes.
Delays in trials can cause emotional and financial strain, particularly in criminal cases.
equality (strength
- Laws apply equally to everyone, regardless of status or background.
Courts aim to treat all parties impartially, and there are rules against discrimination.
equality (limitation)
- Vulnerable groups (e.g. people from culturally diverse backgrounds, Indigenous Australians) may face disadvantages due to systemic inequality.
High legal costs may give wealthier individuals an advantage in accessing better legal support.
access:
- Legal aid and community legal centres help some people access legal advice and representation.
lim (access)
- Geographic barriers, especially in rural and remote areas, can limit access to courts and legal support.
DIFFERENCE BWTEEN CRIMINAL AND CIVIL:
Criminal law is concerned with behaviour that offends against society or the state, such as theft, assault, or murder. Its main purpose is to protect the community and punish offenders. The case is brought by the prosecution on behalf of the state, and the standard of proof is beyond reasonable doubt.
Civil law, on the other hand, deals with disputes between individuals or organisations, such as contract breaches or negligence claims. Its main aim is to restore the injured party to their original position, usually through compensation. The case is brought by the plaintiff, and the standard of proof is on the balance of probabilities.
