ELEMENTS OF AN
EFFECTIVE
LEGAL SYSTEM
 ELEMENT
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-
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
 ELEMENT
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-
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.
 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
 ELEMENT
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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
 WHAT
IS IN OUR SYSTEM TO ACHIEVE A FAIR &
UNBIASED HEARING?
 WHAT
IS IN OUR SYSTEM TO ACHIEVE ACCESS
TO DISPUTE RESOLUTION?
 WHAT
IS IN OUR SYSTEM TO ACHIEVE TIMELY
RESOLUTION OF DISPUTES?
 WHAT
IS IN OUR SYSTEM TO RECOGNISE
VALUES & RIGHTS?
 STRUCTURAL
RESTRAINTS
 FINANCIAL
RESTRAINTS
 SOCIAL
& CULTURAL DIFFERENCES
 ECONOMIC
DIFFERENCES