FAIR AND UNBIASED SYSTEM Flashcards
What are the three elements of observing whether or not a legal system is effective?
If it is FAIR (F), ACCESSIBLE (A), and TIMELY (T), or FAT as abbreviated.
The effectiveness of a legal system is measured by these three elements.
What makes an effective legal system, excluding FAT?
An effective legal system is one in which the laws reflect the needs and values of society, and where the laws are considered acceptable by the majority of the community.
The Jury Directions Act 2013 is a recent change to our legal system aiming to make it more effective.
Explain the Jury Directions Act 2013.
The Jury Directions Act 2013 provided guidelines for judging when summing things up at the end of a trial in order for the jury to better understand things and be able to ask questions. Makes the decisions more easily understood by the jurors in the case.
How is our current legal system fair/effective?
Party control, which allows the parties to be in control of the progress of their case. The rules of evidence, which ensure that certain types of evidence might negatively influence the decision, such as hearsay evidence, irrelevant evidence, or illegally acquired evidence.
What recent change has been made (within the last 5 years) to contribute to a more fair and unbiased system?
The Civil Procedure Amendment Act 2012 allowed courts to limit expert evidence to specific issues, limit the number of experts giving evidence on the issue, and more. The Act solves the concerns about the overuse of expert evidence causing increased expenses and increased complexities and delays.
How is our current legal system unbiased?
Our current legal system is unbiased because the judge in any case is required to be impartial, therefore allowing both parties an equal opportunity to present their case. It is also unbiased by ensuring both parties have a legal representative, whether that be through their own means or through legal aid, which is provided to any party unable to afford a representative.
