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'The best way for individuals to influence law-makers to reform the Victorian civil justice system is to appeal cases.' Discuss the extent to which you agree with this statement - VCE - SSCE Legal Studies - Question 7 - 2018 - Paper 1
Question 7
'The best way for individuals to influence law-makers to reform the Victorian civil justice system is to appeal cases.' Discuss the extent to which you agree with t... show full transcript
Worked Solution & Example Answer:'The best way for individuals to influence law-makers to reform the Victorian civil justice system is to appeal cases.' Discuss the extent to which you agree with this statement - VCE - SSCE Legal Studies - Question 7 - 2018 - Paper 1
Step 1
Discuss the extent to which you agree with this statement
Answer
To assess the extent to which I agree with the statement, it is essential to consider the role of appeals in the law-making process. Appealing cases can indeed serve as a powerful tool for individuals seeking to influence reforms in the civil justice system. By bringing cases to a higher court, individuals may highlight flaws or gaps within the system that warrant legislative changes.
However, it is not the only way to influence law-makers. Other avenues—such as public awareness campaigns, lobbying, and community advocacy—can equally sway legislative reform efforts. Therefore, while appealing cases may be one effective method, I believe it is part of a larger suite of strategies that individuals should employ to achieve reform.
Step 2
Explain how one recommended reform to the civil justice system may assist in achieving justice
Answer
One recommended reform to the civil justice system is the implementation of better enforcement mechanisms for court orders. Enforcement issues frequently arise when a court awards damages, yet the defendant fails to satisfy the order. For instance, if a plaintiff (like Ada) receives a favorable order against a financially unable defendant (such as Bob), the damages awarded may remain unsatisfied due to Bob's inability to pay.
Improving enforcement means ensuring that when courts make decisions, there are effective ways to guarantee compliance, such as stronger penalties for non-compliance, options for garnishing wages, or asset seizure protocols. By addressing these enforcement issues, the reform could lead to a more just system where court orders are not only decisions on paper but are actively upheld, thereby fostering trust in the civil justice system and ensuring that individuals feel their claims will be honored.