Chapter 12.6

Question 1

factors that affect the ability of courts to make law

Answer 1

• cost and time

Question 2

cost

Answer 2

one factor which frequently hinders the ability of individuals to bring a case to the courts in the cost of doing so. taking a matter to case can be extremely costly as a result of court fees and cost of legal representation.
- these costs can deter those who cannot afford from pursuing there cases

Question 3

legal aid

Answer 3

legal advice, education or information about the law and the provision of legal services (including legal assistance and representation

Question 4

the cost of legal representation

Answer 4

To ensure a party has the best chance of winning a case they generally need to engage legal representation to ensure their case is prepares and presented in the best possible manner.
- Legal representatives such a lawyers and barrister can conduct research into the case (including researching previously established relevant precedents that may be either binding or persuasive on a court), analyse evidence and documents,interview and prepare witnesses and present legal arguments and evident to the court in accordance with the strict rules of evidence and procedure.
- A party that is unrepresented will be at a distinct disadvantage and the high cost of legal representation can particulary discourage people who wish to take a civil issue to court, in which precedents can be established and changed
- Costs involved with legal representation can discourage people who have frivolous or trivial claims from using the courts to pursue those claims

Question 5

court fees

Answer 5

Lodging a civil case with a court incurs a number of costs including filing fees, hearing fees and jury costs. These costs can be expensive.

Question 6

time involved in bringing a case to court

Answer 6

• Courts can make law relatively quickly once a dispute has been brought before them and cases must continue until a decision has been made to resolve the dispute.
• Courts are not required to follow lengthy processes like those involved in the process of
  developing, drafting and passing a bill through parliament when deciding cases.
  However
• Some courts, particularly appeal courts where most precedents are established, can take months to hear and determine more complex cases.
• Parties can be delayed in getting a case ready for trial