1- Elements Of Legal System

Question 1

What are the 3 elements of an effective legal system?

Answer 1

• fair
• accessible
• timely

Question 2

Explain the ‘fair’ element of the legal system.

Answer 2

Everyone should be presented with equal opportunities and be treated equally under the law.

Question 3

Which features support and challenge fairness in the system?

Answer 3

+ rules of evidence and procedure
+ impartial and unbiased judge

• exclusionary rules of evidence and procedure (eg; inadmissible evidence)
• some judges still have biases

Question 4

Explain the ‘accessible’ element of the legal system

Answer 4

Everyone should be aware of their right to resolve disputes by having access (financial and otherwise) to the legal system.

Question 5

Which features support and challenge accessibility in the system?

Answer 5

+ parties charged with a criminal offence have access to an expert legal body
+ parties may be eligible for legal aid

• those ineligible for legal aid may struggle to afford legal reps
• quality of legal representatives depends on the price

Question 6

Explain the ‘timely’ element of the legal system

Answer 6

All disputes must be dealt with in a time- efficient manner, with minimal delays.

Question 7

Which features support and challenge time efficiency in the system?

Answer 7

+ continuous trials and hearings minimise delays (criminal trials must be heard within 12 months of application)
+ pre-trial procedures (committal hearings) also speed up process

• rules of evidence and procedure (oral evidence) involving cross examinations are time consuming
• lack of resources and legal personnel could create delays