the principles of justice in civil law

Question 1

fairness

Answer 1

• requires fair processes and a fair hearing
• parties should know what the claims and defences are and be able to present their case and rebut the other party’s case
• pre-hearing and hearing processes should be fair and impartial

Question 2

equality

Answer 2

• people should be equal before the law and not be treated differently due to any personal attribute or characteristic
• have an equal opportunity to present their case as anyone else, without advantage or disadvantage
• should be treated impartially and without any bias or prejudice

Question 3

access

Answer 3

• should be able to understand their legal rights and use the procedures, methods and institutions that resolve a civil dispute to pursue their case
• includes courts, tribunals and institutions that provide legal advice, information and education