principles of justice

Question 1

3 principles of justice

Answer 1

fairness
equality
access

Question 2

fairness

Answer 2

all people can participate in the justice system and its processed should be impartial and open

Question 3

fairness - impartial

Answer 3

• independent and unbiased adjudicator preside over the dispute
• no party is shown discrimination or favouritism
• the case is decided on facts and law rather than opinion and prejudice

Question 4

fairness - open

Answer 4

disputes that utilise the courts are open to the public including the court’s judgement

Question 5

fairness - participation

Answer 5

• parties can prepare a case through knowing the facts
• several avenues of dispute resolution
• parties have the opportunity to present their version of the case
• a trial occurs without unreasonable delay

Question 6

equality

Answer 6

all people engaging in the justice system should be treated in the same way. if the same treatment leads to disparity or disadvantage, adequate measures should be implemented to allow all to engage with the justice system without disparity or disadvantage

Question 7

2 types of equality

Answer 7

formal equality
substantive equality

Question 8

formal equality

Answer 8

= same treatment
- all parties can initiate a claim if they can demonstrate an infringement of their rights and loss
- all parties can negotiate prior and during trial and resolve their disputed without proceeding to a trial
- all parties having their matter heard in superior courts can request to have a jury if they can pay for a jury
- all parties can engage in legal representation to provide them with legal representation

Question 9

substantive equality

Answer 9

= different treatment
- if a party cannot afford legal rep and must self-rep, a judge or magistrate has an obligation to take steps to explain certain rights and processes
- interpreters

Question 10

access

Answer 10

all people should be able to engage with the justice system and its processes on an informed bias

Question 11

access - engagement

Answer 11

• range of ADRs which are less complex than court
• class actions
• tech

Question 12

access - informed bias

Answer 12

• lawyers will explain process
• specialist community legal centres
• online websites