1.  osts_Yourrighttoknow.aspx osts_Yourrighttoknow.aspx.

Slides:



Advertisements
Similar presentations
ELEMENTS OF AN EFFECTIVE LEGAL SYSTEM. ELEMENT 1 – Fair and unbiased hearing. * - Independent judge - Very strict rules of evidence and procedure - Parties.
Advertisements

Unit 4 Area of Study 1 Booklet 1.2 Answers. What is the Victorian Civil and Administrative Tribunal (VCAT) The Victorian Civil and Administrative Tribunal.
Civil Proceedings Criminal Proceedings.
Chapter 8.  A civil action relates to an act or omission that infringes the rights of a person, group or government instrumentality and seeks to return.
D ISPUTE R ESOLUTION - A COMPARISON. The legal system presents individuals with a range of ways in which they can resolve disputes. Taking a case to court.
Law I Chapter 18.
LITIGATION MANAGEMENT – Effective Cost Containment 2002 Conference Branson, Missouri.
LAWYERS AND LITIGANTS.  Prosecuting and defense attorneys (criminal)  Plaintiffs’ and defense attorneys (civil)  Groups and individuals represented.
Professor Vicki Waye Law School Division of Business UniSA
ADR Alternative Dispute Resolution. Criminal Law vs. Civil Law Criminal LawCivil Law Deals with crime Deals with disputes between individuals/organizations.
Comparative Law Spring 2002 Professor Susanna Fischer CLASS 29 GERMAN CRIMINAL PROCEDURE III FRENCH CIVIL PROCEDURE March 26, 2002.
N ORTHERN M ARIANA I SLANDS R ULES FOR M ANDATORY A LTERNATIVE D ISPUTE R ESOLUTION.
Victorian Court Hierarchy
DISPUTE RESOLUTION METHODS
Copyright … Strode’s College Laws students are free to make use of ‘Pdf Print files’ for study purposes (they should print them off and take them to class).
Topic 13 Legal aid Topic 13 Legal aid. Topic 13 Legal aid Introduction to legal aid 1.Criminal and civil funding 2.Eligibility 3.Conditional fee arrangements.
USING THE LEGAL SYSTEM Commerce Stage 5 Core Part 2.1 Part 3.
Legal Aid. Definition Legal aid is state-funded legal representation, advice and assistance, usually carried out by a solicitor or a barrister It is available.
 Right to silence (Arrest and Trial)  Right to bail  Use of juries  Appeals process  Fair and equity in sentencing  Open court system 1.
DISCOVERY AND DIRECTIONS HEARINGS. Discovery Is a stage of the civil pre-trial process where each party has the opportunity to request documents and additional.
Copyright … Strode’s College Laws students are free to make use of ‘PDF Print files’ for study purposes (they should print them off and take them to class).
Court processes and procedures, and engaging in justice
Business Insurance Overview Brainwasheducationonline.com.
Transforming Legal Aid Consultation paper A brief overview Richard Atkinson Chair Criminal Law Committee Law Society of England & Wales.
Protecting the Citizen Duncan Bunce Presentation by Duncan Bunce Edited by Dr Peter Jepson Read & Précis: Chapter 4, Issue 1, pages
Access to the courts is vital for an effective legal system.
Legal Aid Advisory Committee Standard Criminal Cases Block Fees Duty Counsel October 27, 2009.
An effective legal system must aim to resolve disputes within a reasonable time frame because excessive delays can increase the cost of legal proceedings.
Unit 4 Area of Study 1 Booklet 1.3 Answers. Advantages of ADR ADR (mediation, conciliation, arbitration) is a MUCH LESS FORMAL compared to the adversarial.
9.2 – Deciding whether or not to take civil action.
 Legal aid is state-funded legal representation, advice and assistance, usually carried out by a solicitor or a barrister  It is available since 1949.
Criminal Procedures Flowchart What happens when you get arrested.
VCE Legal Studies: Evaluating the role of the court as a law-maker
Solving a civil dispute Methods of dispute resolution Chapter 9.1.
The Adversary System Part I Chapter 7. Learning Intention Explain the processes and procedures for the resolution of criminal cases and civil disputes.
The Inquisitorial System of Trial. An inquisitorial system is a legal system where the court or a part of the court is actively involved in investigating.
Trends and Successes in Improving Access to Justice Dr. Pim Albers Special advisor.
Social Science.  The main purpose of civil law is to settle disagreements fairly  People file lawsuits, or cases in which a court is asked to settle.
By Paramita Khisa.  VCAT and court use a range of methods to resolve criminal and civil disputes.  Criminal cases are solved by the judge in courts.
Procedure to Trial. Principles Behind Criminal Procedures Criminal cases should be dealt with justly which means: Acquitting the innocent and convicting.
AS LAW: English Legal System Alternative Dispute Resolution  Understand why the use of alternative methods of dispute solving are rising in popularity,
COURTS, JUDGES AND THE LAW Key Terms on Judicial Branch.
● CABx were set up in 1938 and there are now around 1000 in the UK. ● They provide general advice, provide advice on some legal matters. ● Solicitors.
Legal Funding: Summary. History 1949 – First state funded legal aid scheme 1980s – System then developed into six different schemes Legal Aid Board –
Criminal Courts and Civil Courts Recap Session. Criminal Courts Summary offences – magistrates court. E.g. Driving without insurance. Taking a vehicle.
Steps to Justice. Arrest To seize or take into custody May happen First or Later in process.
CONCILIATION  Third party assists in the process of enabling parties to reach a decision between themselves.  Third party does not make a decision 
English for Lawyers 1 Lecturer: Miljen Matijašević
offers professional contracting services,
The court hierarchy:.
How Civil Procedure allows for FAT
Civil Pre-Trial Procedures
Civil Pre-Trial Procedures
Table of Contents P c Vocabulary P. 2- Criminal Law (Notes)
Process of Law.
Strengths of ADR Much less formal- is not bound by strict rules of evidence and procedure. This makes it less intimidating and cheaper (do not have to.
The Criminal Justice Process
Unit 6: The Federal Court System and Supreme Court Decision-Making
The Stages of Litigation
Court-annexed Mediation in Finland
Possible reforms to the adversary system
The role of VCAT.
Factors That Affect The Achievement of Justice
Civil Pretrial Practice
Key Knowledge The purposes and appropriateness of consumer affairs Victoria in resolving civil disputes Key Skills Discuss and justify the appropriateness.
The Inquisitorial System
Judicial Powers of Case Management
Steps in the Criminal Justice Process
Victorian Civil and Administrative Tribunal
Possible reforms to the adversary system
Presentation transcript:

1

 osts_Yourrighttoknow.aspx osts_Yourrighttoknow.aspx   struggle-to-make a-year-study/story-e6frfm1i struggle-to-make a-year-study/story-e6frfm1i  and-legal/legal/legal-billing.aspx and-legal/legal/legal-billing.aspx  ate_business/directors_and_officers/statutory_liability_and_legal _costs/case_studies.html ate_business/directors_and_officers/statutory_liability_and_legal _costs/case_studies.html 2

 Necessary use of Legal Representation  Solicitor  Barrister (Both have different fee structures)  Court fees  Disbursements (Tasks undertaken outside of court time) i.e., Evidence gathering  Loss of income due to time off work  No compensation for costs in criminal sphere 3

 Funding provided by the state and commonwealth governments  Low cost or free legal representation  This is a limited service (Finite funding)  Predominantly Criminal and Family disputes  Budget may be applied meaning party is responsible to cover remaining costs  gov.au/sites/ id.vic.gov.au/files/vla- resource-grants-of-legal- assistance-guide-and- application-form.pdf gov.au/sites/ id.vic.gov.au/files/vla- resource-grants-of-legal- assistance-guide-and- application-form.pdf 4

 Greater funding = greater services available for those in need  Improves access to the legal system (in particular civil cases)  Regional areas have inadequate funding and services  VLA is currently providing assistance to government to improve administration of social security benefits to at risk groups 5

 Increased funding has been provided to assist with ADR in all courts to assist with early resolution  Reduces court and legal fees  Assists with timely resolution of disputes  Reduces number of trials  Assists with more people accessing the system due to affordability. 6

 Legal firm deducts their fee from any outcome you may receive  Can lower out of pocket expenses for individuals  If you loose, the majority of your legal fees may not be charged to you.  Some fees may be required to be paid such as expert evidence fees.  If you win, the other party may be required to pay your legal fees.  It is a requirement upon you to know the terms and conditions of the ‘No win, no fee’ practice. 7

 Utilisation of electronic filing, storage and exchange of documents  Saves court and legal representation time by parties not required to present documents personally to the court  CourtView system trailed in the Supreme Court, to rolled out to all courts and VCAT  Telecourt system. Prisoners can be present via court link (Video) rather than in person. 8

 Criminal Procedure Act (Vic) 2009 enables this scheme to operate  Allows judges to indicate to the defence what the sanction is likely to be if a Plea of Guilty is to be entered.  Attempts to promote an early PG and hence reduces the number of trials  An early PG enables a discount in the severity of a sanction to be provided. 9

 Questions 1 – 5 Page 410 of text book 10