8E & 8F & 8G (AOS3)

Question 1

WHEN ARE JURIES USED IN A CIVIL TRIAL?

Answer 1

• during original jurisdiction of the county or supreme courts (the use of juries are optional)
• made up of 6 jurors

Question 2

ROLE OF A CIVIL JURY?

Answer 2

• be objective
• listen to all facts and evidence
• concentrate during trials
• piece evidence together and decide who is more likely in the wrong

Question 3

ADVANTAGES OF JURY?

Answer 3

provides sense of fairness and impartiality

Question 4

LIMITATIONS OF JURY?

Answer 4

can be swayed by emotions instead of pure evidence

Question 5

FIRST NATIONS PEOPLE AND THE CIVIL JUSTICE SYSTEM?

Answer 5

• Aboriginal and Torres strait islanders need to overcome many problems when dealing with the justice system such as cultural practices, intergenerational trauma, language barrier, social economic barriers and geographical barriers.

Question 6

CULTURAL PRACTICES:

Answer 6

• it’s considered disrespectful to talk about particular topics. For example, speaking about the name of a recently deceased person is considered inappropriate amongst several Aboriginals

Question 7

LANGUAGE BARRIERS:

Answer 7

• some English words may have different meanings, creating miscommunication for first nations.
• this negatively impacts the degree of understanding the jury

Question 8

MANY DIFFERENT GROUPS IN SOCIETY ARE FACED WITH DIFFICULTIES WHEN DEALING WIT CIVIL JUSTICE SYSTEM:

Answer 8

• people of low socioeconomic status
• young people
• people who live in rural or remote area

Question 9

DIFFICULTIES FACED BY PEOPLE OF LOW SOCIOECONOMIC?

Answer 9

-unequal representation if one cannot afford lawyer
- can be forced to settle outside of courts due to the high costs

Question 10

DIFFICULTIES FACED BY YOUNG PEOPLE?

Answer 10

• can have a lack of understanding about systems this can mean that they will be unaware of civil rights such as employment and when it might be breached.
  -lack of financial ability to afford legal rep

Question 11

DIFFICULTIES FACED BY RURAL, REGIONAL AND REMOTE AREAS?

Answer 11

-lack of access to courts - some people will need to travel a great distance to obtain legal advice or attend court, county courts and supreme courts are more restricted
-lack of access to technology - poor internet connection, however can gain legal advice online