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*The many factors that need to be considered when initiating a civil claim, including unnecessary civil pre-trial procedures, mean that the principles of justice cannot truly be achieved in the civil justice system.* Discuss the extent to which you agree with this statement - VCE - SSCE Legal Studies - Question 6 - 2022 - Paper 1
Question 6
*The many factors that need to be considered when initiating a civil claim, including unnecessary civil pre-trial procedures, mean that the principles of justice can... show full transcript
Worked Solution & Example Answer:*The many factors that need to be considered when initiating a civil claim, including unnecessary civil pre-trial procedures, mean that the principles of justice cannot truly be achieved in the civil justice system.* Discuss the extent to which you agree with this statement - VCE - SSCE Legal Studies - Question 6 - 2022 - Paper 1
Step 1
Discuss the extent to which you agree with this statement
Answer
I agree to a considerable extent with the statement regarding the necessity of evaluating various factors before initiating a civil claim. Unnecessary civil pre-trial procedures often complicate the judicial process and can inhibit the principles of justice. For instance, lengthy pre-trial procedures can not only delay justice but also impose significant financial burdens on plaintiffs, especially those with limited resources. Consequently, these factors may deter legitimate claims from being pursued, ultimately affecting the integrity and accessibility of the civil justice system.
Step 2
Discuss at least one factor, other than pre-trial procedures, that may impact the achievement of justice
Answer
Another essential factor that impacts the achievement of justice is the accessibility of legal resources. Many potential plaintiffs may not fully understand the legal landscape or the necessary steps to initiate a claim, creating an inherent inequality in the system. Additionally, plaintiffs without access to legal representation may be unable to present their cases effectively, further complicating their ability to achieve justice.
Step 3
Consideration of how one recommended reform may enhance the civil justice system
Answer
One recommended reform to enhance the civil justice system's ability to achieve justice is to increase access to legal aid. By expanding legal funding and assistance for individuals unable to afford legal representation, we can level the playing field. This would empower more people to initiate claims without the fear of insurmountable costs. Moreover, enhancing legal aid can ensure that all parties, regardless of their financial situation, have the opportunity to seek justice effectively and equitably.