Photo AI
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 two opposing parties presenting their case before an impartial judge or jury. This system relies heavily on each party's ability to present evidence and arguments, which may lead to an uneven playing field, particularly between individuals and organizations with disparate resources.
In contrast, tribunals often employ a more inquisitorial approach, where the tribunal actively participates in investigating the case. This can result in a more straightforward and less formal dispute resolution process. Tribunals aim to provide quicker and more accessible resolutions, especially in matters like tenancy disputes or employment issues, which can be less intimidating for individuals.
Additionally, courts typically follow strict procedural rules, while tribunals may have more flexibility. This can facilitate a more efficient resolution, adapting to the specific circumstances of a case without the burden of extensive legal formalities.
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
-
Increase in Legal Aid Funding: One significant change that has helped overcome limitations in access to justice is the increase in legal aid funding. By providing financial assistance to those who cannot afford legal representation, more people can effectively navigate the legal system.
-
Implementation of Online Dispute Resolution (ODR): The introduction of Online Dispute Resolution platforms allows individuals to resolve disputes without the need for in-person court appearances. This innovation not only reduces costs but also makes the legal process more accessible, particularly for those in remote areas.
-
Simplification of Court Procedures: Efforts to simplify court procedures have made it easier for self-represented litigants to understand and engage with the legal system. Initiatives such as user-friendly guides and streamlined processes help demystify court interactions, fostering greater access for those without legal expertise.