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Discuss how the adversary system of trial used by courts can be quite different to the form of dispute settlement used by tribunals - VCE - SSCE Legal Studies - Question 10 - 2004 - Paper 1
Question 10
Discuss how the adversary system of trial used by courts can be quite different to the form of dispute settlement used by tribunals. Using three examples, discuss c... show full transcript
Worked Solution & Example Answer:Discuss how the adversary system of trial used by courts can be quite different to the form of dispute settlement used by tribunals - VCE - SSCE Legal Studies - Question 10 - 2004 - Paper 1
Step 1
Discuss how the adversary system of trial used by courts can be quite different to the form of dispute settlement used by tribunals.
Answer
The adversary system of trial is characterized by opposing parties presenting their cases to an impartial judge or jury. This system emphasizes the role of each party to advocate for their own interests, which can often lead to a competitive and potentially confrontational environment. In contrast, tribunals typically employ a more inquisitorial approach where the adjudicator actively engages with both parties, asking questions and guiding the proceedings to reach a fair resolution.
In the adversary system, the burden of proof lies with the party making the claim, and the legal proceedings can be lengthy and complex, often resulting in significant costs. On the other hand, tribunals usually aim for a more accessible and efficient process, focusing on expedience and the protection of rights, which can make them more user-friendly for individuals seeking resolution without the formalities of court trials.
Step 2
Using three examples, discuss changes or proposed changes which have helped, or could help, overcome limitations faced by people using our legal system.
Answer
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Introduction of Legal Aid Services: Legal aid services have been established to provide assistance to those who cannot afford legal representation. This change significantly helps low-income individuals navigate the complexities of the legal system, thus promoting access to justice.
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Implementation of Online Dispute Resolution (ODR): ODR platforms have been introduced to resolve disputes efficiently without the need for in-person hearings. This innovation is beneficial for individuals in remote areas or those with mobility issues, making the legal process more accessible.
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Streamlining Court Procedures: Many jurisdictions are working towards simplifying court rules and procedures to reduce the barriers faced by self-represented litigants. By making forms clearer and providing better resources for understanding legal processes, individuals are better equipped to present their cases effectively.