Need for legal practitioners in a civil dispute Flashcards

(6 cards)

1
Q

Why are they required?

A

*Parties may be too emotionally invested to make objective decisions
*Self-represented parties are at a disadvantaged
*Skills in cross-examination and presenting case
*A more competent legal practitioners may result in a better chance of winning

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2
Q

Barrister and Solicitor

A

Barrister=an independent lawyer with specialist skills in dispute resolution and advocacy, usually engaged on behalf a party

Solicitor=A qualified legal practitioner who gives advice about the law and a person rights under the laws

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3
Q

Skill in cross examining

A

has the right skills to pressure witnesses into saying things they may regret

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4
Q

Self represented

A

-Lack the skills, objectivity and abilities- Such as inability to communicate their case

-Judge or magistrate has a duty to give assistance

-A failure to give that assistance may result in an unfair trial and lead to an appeal

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5
Q

Evaluate strengths of legal practitioners

A

*Experts in the civil justice system
*Have objectivity
*Can help to avoid delays

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6
Q

Evaluate weaknesses of legal practitioners

A

*Not all legal practitioners are equal
*Not everyone can afford legal representation
*Legal representation alone may not be enough to assist an accused

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