Costs and Time (VCE SSCE Legal Studies): Flashcards

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Costs and Time
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Litigant

Person who takes a matter to court to have it resolved

Legal aid

Legal advice, education, info & services including representation

Where precedents are primarily set

Appeal courts

Key limitation on courts making law

Courts can't create law until someone brings a case to them

Three types of court fees

Filing fees, hearing fees, jury costs

Positive effect of high court costs

Filter out frivolous claims; only meritorious cases proceed

How costs affect precedent-setting

High costs discourage appeals where most precedents are set

Why courts can make law quickly

No lengthy parliamentary process; must continue until decision

Time for appeal courts in complex cases

Can take months or even years to hear and determine

Sanrus v Monto Coal pre-trial duration

11 years (2008-2019)

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