Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

legal > strengths & weaknesses > Flashcards

strengths & weaknesses Flashcards

1
Q

VLA- strengths

A
  • provide free legal information to all
  • provide grants of legal assistance & duty lawyers free of charge
  • information accessible (online through website & therefore accessible in rural areas as well)
  • some info provided in 30 diff languages & offers free interpreter
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

VLA-weaknesses

A
  • legal rep. & duty lawyers depend on strict eligibility criteria
  • depends on people’s awareness it exists & access to technology
  • legal information available may not be enough to help (eg. those charged with indictable offences)
  • depends on funding
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

CLCs- strengths

A
  • free legal info to all
  • some offer use of interpreter and in multiple languages
  • limited access to duty lawyers/ongoing casework
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

CLCs-weaknesses

A
  • insufficient funding-service gap
  • depends on eligibility criteria & many do not offer help to some victims/indictable offences
  • depends on volunteers and if there is a shortage means people get turned way/not offered legal help
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

The Judge/Magistrate (criminal)- Strengths

A
  • impartial-does not favour any side
  • manage trial processes (rules of evidence & court procedures)
  • can tailor processes to reduce disparity (self. rep & disability
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Magistrate/Judge (criminal)- weaknesses

A
  • are human and bias may be part of decision making (eg. fatigued)
  • seen a lack of diversity
  • cannot overly assist self-rep, despite being one of the most experienced
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

The jury-strengths

A
  • allows justice to be seen be done & participation
  • objective, randomly chosen
  • represent a cross section of community-views and values
  • collective decision making can reduce chance of bias
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

The jury-weaknesses

A
  • no way to know whether biases played part
  • some people are ineligible/excused
  • no way of knowing if 12 laypersons understand complex procedure & evidence
  • increase delays (deliberations & explanations)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

The parties (criminal)-strengths

A
  • the prosecution must disclose info to accused -no surprises
  • accused has right to silence
  • both parties have opportunity to present case (opening & closing addresses, witnesses, cross-examination etc.)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

The parties (criminal)-weaknesses

A
  • can be quite hard without legal representation
  • VLRC noted that early disclosure is an issue (wait for requests)
  • party control & right to silence- accused may be the only one who knows
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

plea negotiations-strengths

A
  • save costs & time if early plea (benefiting community)
  • allow for prompt resolution
  • avoid trauma of victims & families (who have to relive events)
  • allow for certainty of outcome
  • consult with victims
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

plea negotiations-weaknesses

A
  • self-rep may be pressured/not understand
  • failure to reach out and plea early
  • victims are considered but not determinative
  • negotiations do not need to disclosed (reason behind)
  • seen as prosecution avoiding the need to prove beyond reasonable doubt & presumption of innocence
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

legal practitioners (criminal)- strengths

A
  • objective, not emotionally invested
  • experts and can adhere with rules of evidence & procedure
  • avoid delays & trauma
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

legal practioners (criminal)- weaknesses

A
  • not all legal practioners have the same skills/experience
  • may not be enough to assist someone (eg. language barriers, trauma)
  • costly
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

court hierarchy (criminal)- strengths

A
  • allows appeals to be made, decisions reviewed
  • allows each court develop specialisation (eg. magistrates-self.rep)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Mediation & conciliation-strengths

A
  • involve an independent, impartial third party
  • much less formal (less daunting & stressful)
  • conducted in a safe and supportive environment in a venue suited for both parties not court
  • if successful, can save significant time & costs (saving for civil justice system as well)
  • normally conducted in private
17
Q

Mediation & conciliation-weaknesses

A
  • decision reached may not be enforceable (waste)
  • one party may compromise too much
  • one of the parties may refuse to attend/participate
  • if unsuccessful, waste of time & money
  • no open justice (especially high profile cases)
18
Q

Arbitration-strengths

A
  • binding & fully enforceable
  • normally held in private
  • parties have control over how it is conducted (how evidence presented and when steps are undertaken)
  • arbitrator normally an expert on subject matter & required to act impartially
19
Q

Arbitration-weaknesses

A
  • parties have no control over outcome (loss/win)
  • not available unless parties agree/small claim in Magistrates court (10,000 or less)
  • can be costly and take a long time if parties decide to exchange evidence and have a hearing
  • can be formal and stressful if parties agreed
20
Q

Civil court hierarchy-strengths

A
  • allows courts to adopt diff processes and use resources in a way that ensures cases resolved efficiently (eg more Magistrates and courts)
  • allows appeals to be made
21
Q

Civil court hierarchy-weaknesses

A
  • diff courts may be confused for those who dont understand (eg. self rep or when overlapping jurisdictions)
  • need grounds for appeal and hard w/o lawyer
22
Q

Judge and Magistrate (civil)-strengths

A
  • act as an impartial umpire (do not overly interfere so no party disadvantaged)
  • experts in law, legal processes & cases
  • case management (so just, efficient, timely & cost-effective) eg. discovery or limit no. of witnesses
  • able to assist self-rep. (eg. explaining cross-examination procedures/discovery)
23
Q

Judge and Magistrate (civil)-weaknesses

A
  • are human & some risk of actual/apprehend biases eg. fatigued
  • cultural/general diversity criticised
  • extent to case management depends of specific Judge/Magistrate or parties (eg. parties continually fail to do pre-trial procedures with no consequences)
  • cannot overly interfere despite being one of the most experienced
24
Q

Jury-strengths

A
  • jury members randomly picked (lack of bias)
  • allows members of the jury to participate in the civil justice system processes & justice seen to be done (more informed)
  • collective decision-making can reduce the chance of bias
  • represent a cross-section of the community (reflect views and values)
25
Q

Jury-weaknesses

A
  • may have unconscious bias and do not give reason for decision therefore no way to know
  • civil trials can be complex and unable to know if 6 laypersons can understand
  • can result in further delays
  • no. of people are excused/ineligible therefore it is possible section of community not represented
26
Q

The parties (civil)-strengths

A
  • ongoing obligation to disclose and discover all relevant docs to each other (no surprises)
  • both parties have an opp. to present their cases including opening & closing addresses
  • parties have complete control over how they run case
27
Q

The parties (civil)-weaknesses

A
  • some parties may be more familar with disclosure obligations than others
  • processes involved are complex & difficult to understand without layer
  • party control means parties need time to prep case & make decisions about how to run their case (adding to delays, cost & stress)
28
Q

Legal practioners (civil)-strengths

A
  • experts who will be able to help navigate the civil justice system (eg. examining witnesses)
  • have objectivity in being able to make decisions (eg. whether to settle)
  • can help avoid delays
29
Q

Legal practioners (civil)-weaknesses

A
  • not all legal practioners are equal/same experience
  • not everyone is able to afford
  • even if they can afford, potentially be a great expense eg. adverse costs orders
30
Q

Class actions-strengths

A
  • group members not responsible for payment of any costs (increase access to justice)
  • more efficient way of dealing with number of claims (saves court time & resources)
  • people can pursue claims otherwise not be prepared to
  • use of litigations funders and plaintiff law firms on ‘no win no fee; increases access to justice
  • class actions reduce costs of defendants responding to multiple claims
  • more convenient for those who wish to pursure a claim but don’t want burden of actively participating in proceedings
31
Q

Class actions-weaknesses

A
  • impose a large cost burden on the lead plaintiff if fails & not funded (very rare)
  • takes up a significant amount of court resources and time
  • has been a fear that class actions provide an opportunity for lawyers to take advantage of class actions (get more out of class action than group member)
  • litigation funders take large percentage (not reflecting actual loss)
  • sometimes multiple class actions commenced by diff law firms in relation to same issue
  • some group members not receive up to date info or even aware of proceeding
32
Q

CAV-strengths

A
  • free & accessible
  • conciliation process is informal and can be over phone
  • ensures procedural awareness by allowing both sides to present and challenge other side
  • conciliator usually someone with specialist knowledge of the dispute
  • conciliation process (parties come to resolution themselves)
33
Q

CAV- weaknesses

A
  • limited mainly to consumer & tenant disputes
  • no power to compel parties to undergo conciliation
  • no power to enforce any decision unless binding agreement
  • not all cases are accepted & limited conciliation services (criteria & prioritisation)
  • not appropriate for large & complex disputes
34
Q

VCAT- strengths

A
  • normally cheaper than courts due to low application fees, usually lower/no hearing fees, no pre-trial procedures & self-rep
  • generally offers speedy resolution (eg. avg time from application to resolution of disputes in its busiest list- Residential Tenancies has been as low as 2-3 weeks)
  • informal atmosphere
  • flexibility of heaing processes ensures fairness and equality for un-rep
  • each VCAT list operates in its own jurisdiction- develop specialisation
  • decision made in a final hearing is binding
35
Q

VCAT-weaknesses

A
  • due to increased use of legal rep, costs can be as high or even higher
  • suffered delays in some of its lists especially after COVID-19
  • may be too informal (not right way for truth/uncomfortable with lack of formal procedures)
  • not a court and cannot create precedent & can only follow pre-existing law
  • decisions can only be appealed on a point of law & to Supreme Court
  • VCAT orders still need to be enforced thru courts
36
Q

Courts (civil)- strengths

A
  • various pre-trial procedures allow parties to reach out-of court settlement
  • through pre-trial procedures, it allows for more efficient and timely resolution of disputes (narrow issues/know each others cases well)
  • courts uses processes to ensure procedural fairness (eg. Judge can give directions)
  • allow interaction between court and the parties (parties can raise issues with Judge at directions hearings)
  • binding decision
37
Q

Courts (civil)- weaknesses

A
  • cases taken to court suffer delays (pre-trial procedures, discovery, jury, backlogs)
  • high costs
  • need for legal practioner (complex processes eg. pleadings)
  • formalities of court & party control can be stressful
  • courts do not allow for compromise or win win situations

legal (30 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions