Outcome 2

1. Outcome 2 Court processes and procedures, and engaging in justice

2. Key knowledge • The elements of an effective legal system: entitlement to a fair and unbiased hearing, effective access to the legal system and timely resolution of disputes • Major features of the adversary system of trail, including the role of the parties, the role of the judge, the need for the rules of evidence and procedure, standard and burden of proof and the need for legal representation • Strengths and weaknesses of the adversary system of trial • Major features of the inquisitorial system of trial • Possible reforms to the adversary system of trial

3. Key knowledge (cont.) • Criminal pre-trial procedures and their purposes, including bail, remand and committal hearings • General purposes of criminal sanctions • An overview of three types of sanctions and their specific purpose • Supreme Court civil pre-trail procedures, including pleadings, discovery and directions hearings, and the purposes of these procedures • The purpose of civil remedies • Types of civil remedies, including damages and injunctions

4. Key knowledge (cont.) • The role of juries, and factors that influence their composition • Strengths and weaknesses of the jury system • Reforms and alternatives to the jury system • Problems and difficulties faced by individuals in using the legal system • Recent changes and recommendations for change in the legal system designed to enhance its effective operation

5. And in plain language … • How the legal system works • And how it can be improved • Five main areas: • The adversary system • The jury system • Criminal procedure • Civil procedure • Evaluation of the effectiveness of the legal system • SAC 2A – week beginning 12/8 • SAC 2B – week beginning 9/9

6. Elements of an effective legal system • The entitlement to a fair and unbiased hearing • Effective access to the legal system • Timely resolution of disputes • These three principles are used to evaluate the effectiveness of the legal system.

7. The entitlement to a fair and unbiased hearing • Everyone has the right to a fair trial or hearing • Those people hearing cases should be unbiased • Everyone should be treated equally by the court system • A fair hearing should be conducted according to the rules of evidence and procedure • A jury acts as an independent, unbiased and impartial body who decide the outcome of a case • The opportunity for appeals ensures fairness

8. Effective access to the legal system • Everyone should be able to access the legal system, regardless of their financial situation • This is done through the provision of legal aid, and the availability of community legal centres and services to provide information and advice to the public

9. Timely resolution of disputes • Cases should be dealt with efficiently • They shouldn’t drag on too long, nor should they be rushed through and evidence overlooked or ignored • People shouldn’t suffer unfairly while waiting for the legal system to address their issue

10. The Jetcorp Case • Read the case study on p 231 of your textbook and identify the ways in which this case addresses (or fails to address) the three elements of the legal system

11. Link to what you know • Use what you’ve learnt over the year and your general knowledge to create a mind map for each of the three elements linking features of the legal system to each element • For example: • Mediators ensure that both parties in the process are able to present their point of view. Mediators are independent and unbiased. • Legal aid and community legal centres provide access to the legal system for those people who might otherwise find it difficult to seek out or afford legal advice.

12. Apply your understanding • Read the case study on pp 237-238 of the textbook and work through the accompanying questions.