/
Difficulties faced in civil disputes Difficulties faced in civil disputes

Difficulties faced in civil disputes - PowerPoint Presentation

phoebe-click
phoebe-click . @phoebe-click
Follow
388 views
Uploaded On 2016-03-25

Difficulties faced in civil disputes - PPT Presentation

Chapter 96 Lesson Starter What might you do right now if you found yourself involved in a civil dispute Who could you turn to for assistance Would you bother exercising ID: 268826

civil legal rights costs legal civil costs rights law courts party dispute case court representation system disputes aid solve mediation formal language

Share:

Link:

Embed:

Download Presentation from below link

Download Presentation The PPT/PDF document "Difficulties faced in civil disputes" is the property of its rightful owner. Permission is granted to download and print the materials on this web site for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.


Presentation Transcript

Slide1

Difficulties faced in civil disputes

Chapter 9.6Slide2

Lesson Starter

What might you

do, right now, if

you

found

yourself involved

in a civil

dispute?

Who

could

you

turn to for assistance?

Would you

bother exercising

your civil

rights, or would they just give

up?

Do you speak another language? Can you explain in your own language legal concepts such as “the balance of probabilities’ or “duty of care’?

What difficulties do you discover?Slide3

High legal costs can deter individuals from going to court

If

a case is to be heard in one of the formal courts, it is imperative that each party has legal representation

.

‘do

it yourself’ legal representation

is a current trend but

most people do not possess the skill and expertise to organise and argue a case

successfully

Statistically those

who are unaided by counsel have a very low success rate.

If people decide to pursue their civil rights in the courts and employ legal representatives, they run the risk of having to pay for the other party's legal costs if they lose the case as well as their own costs.

In

civil cases generally, the loser will pay the winner's party–party costs, which are those legal costs charged as a result of direct communication between the plaintiff and defendant's lawyers.

Solicitor–client

costs, which in many cases can form the bulk of the legal costs, are not, however, paid by the losing party.Slide4

Legal aid

This is

available to help finance the cost of legal

representation

it

is limited in civil cases that include veterans affairs, social security, immigration and

discrimination

sometimes

lawyers do agree to do

pro

bono

work, where they represent the client for very low fees or no fee at all

.

This

occurs when clients may be underprivileged and lawyers may feel they have a right to pursue the client's legal rights, thus providing a service to the community.Slide5

Delays can deter individuals from exercising legal rights

An

individual who initiates legal action must be fairly confident of success after weighing up the financial costs and the time commitment of going to court to defend one's rights.

Civil

trials in the formal courts can be lengthy and, if the other party appeals against the decision, it may take even longer for the matter to be resolved

.

In

the

Ballerini

Case

, the actual trial commenced in September 2004 and then went to appeal in June 2005. Jason

Ballerini

won his appeal in 2005 and the council was refused leave to appeal any further by the High Court. The decision represents the end to a long legal battle.Slide6

Ignorance of the law and language barriers

they

may be unaware that the law protects their rights

Some

lack knowledge of Australian law because Australian law may be different from the law in their country of origin.

The volume

and complexity of the law can make it difficult for the average person to understand what laws to abide

by

I

gnorance

of how to obtain legal

advice

difficult

to adequately communicate his or her version of the legal dispute

difficulty

identifying how to solve their legal

problem

may

feel intimidated because of a lack of knowledge of the

lawSlide7

Civil reform

Justice

Statement 2 identifies two inherent flaws in our legal system

the

cost of resolving a legal dispute in the courts is too expensive and it is time consuming.

move

away from the adversarial system

to more

efficient ways to solve disputes, such as mediation.

The

adversarial system of trial has been criticised because the strict rules of evidence and procedure

Mediation

is one of the main methods of dispute resolution that has become commonplace, even in the formal courts.

J

udge-led

mediation. The judge will take a more active role in helping parties reach a solution to their dispute than ever before.

encourage

people to solve disputes outside the court system, and the establishment of specialist courts and

tribunalsSlide8

In summary:

The main difficulties faced by parties when attempting to resolve civil disputes include:

lack of

awareness

of their civil rights

ignorance

of available assistance

communication

problems

access to legal

representation

.Slide9

Your Turn

Complete questions 1-5 page 249

Legal Aid:

https://

www.legalaid.vic.gov.au/get-legal-services-and-advice

Use the above ling to find out more about what legal aid does. Writ a paragraph about this