Tag Archives: VCE

A question from Katherine

Hi all,

I recently got asked the following:

“Would the juries act 2000 be considered as a recent reform? And would i be able to use brodies law as an example of changing expectations of the legal system?”

Ill tackle the easy part of that question first.

Brodies Law:

Brodies law was introduced following the outcry of the general public prompted by a well advertised case of work place bullying. To Katherine and all the other readers, Brodies can be used both as a means to reflect the changing expectations of the legal system (ie of the people who it serves) and the fact that the Commonwealth Government must represent the people (ie it was introduced to reflect the seriousness of the publics opinion of bullying).

As such Brodies is a useful example because it can be used in a variety of situations.

Juries Act 2000:

Thanks to my legal teacher Mr Mavridis for setting me on the right track:

“Reforms should be 5 years. In terms of recent reforms for jury, there was an amendment in 2010 to the 2000 act. This reduced groups previously ineligible and halved the waiting time of ineligibility after leaving job.

The recent reform increased jury eligibility by allowing for increased numbers of those previously ineligible. eg since 2010, former judges, lawyers etc who left their legal job at least 5 years before are eligible.”

Therefore, the Juries Act 2000 is too early, but the 2010 amendment makes a good reform for the course!

I personally always liked the Broadmedows Mediation Pilot program which expanded the use of mediation in the Magistrates court up to the value of $40,000. And its recent because since 2007 it has been expanded across 6 other locations (in 2009, 2011 and then just 2 days ago on November 2nd 2013).

I hope that provides a little food for thought,

Regards,

Jordan Ball

Doctrine of Precedence – a little bit of revision

Hi All,

As promised Ill try to consistently post some questions that I find. Its been a little while since a DOP question so here goes!

Outline the operation of the doctrine of precedent.

The courts are able to establish common law through application of the doctrine of precedent. The doctrine of precedent operates on the principle of stare decisis (to stand by a previous decision). This means that a similar outcome is applied to cases of similar facts. New precedents are created through novel cases (where no legislation exists) and also through statutory interpretation (where the meaning of legislation is unclear).

The nature of precedents depends upon which court it was established in. Binding precedents are created in superior courts of record and must be adhered to by all lower courts. In contrast persuasive precedents do not have to be followed but exist to provide legal guidance, these precedents comprise of the ratio decidendi (legal reasoning) of lower courts, courts of equal standings, from other state hierarchies (NSW), from other common law countries (South Africa) and also of obiter dictum (things said along the way) which act to provide insight and guidance from learned judges on hypothetical situations. The doctrine ensures consistency and fairness between like cases. Precedents are found in law reports that include the facts of the case, the decision, the ratio decidendi (legal reasoning) and obiter dicta.

Furthermore, the doctrine of precedent provides a number of means of flexibility to enable evolution in common law and prevent any miscarriages of justice. Distinguishing has been the most effective means to aid in evolution as it establishes new common law if it is deemed the facts of a case are sufficiently different that an injustice would occur through the application of the precedent. In addition the method of reversing was demonstrated in the Studded Belt Case 1993 where the case was heard on appeal and the judge in the Supreme court determined that the case had been wrongfully decided in the magistrates court and according ‘reversed’ the previous decision replacing the old ratio decidendi with the new legal reasoning. Finally, the means of overruling and disapproving also aid in the flexibility of the doctrine of precedent.

(judging by length its a big 6 marker but also too small for an 8)

Keep Studying Hard!

JB

Court Processes, Criminal Procedure and The System

Hi All,

In light of the fact that the majority of you have moved onto Unit 4 AOS 2 I’ll do my best to keep pace.

Im not sure how many questions I’ll be able to find for these topics but I’ll do my very best.

I think Ill focus on the system for a little while.

The following is a small section out of my Unit 4 summary that is available for purchase on the resources tab at the top of the page.

**

Elements of an effective legal system

  • Fair and unbiased
    • Must reflect prevailing values of equality and the protection of basic human rights.
    • Achieved through
      • Independent third party
      • Rules of evidence and procedure
      • The principle of natural justice.
    • The independents must hear evidence, and reach an outcome based on the evidence and not on any preconceived ideas that effect impartiality.
    • Entitlement to fair and unbiased hearings include:
    • Processes and procedures to treat fairly and equally
    • Equal treatment regardless of age, race, gender, socioeconomic status
    • Heard by an independent, who uses the rules to determine outcome.
  • Access to methods of DR:
    • Relies on system providing institutions and methods
    • A broad range of methods assure that all parties can resolve their disputes
      • ADR methods provide opportunity for resolution for nominal fee, in a timely manner.
        • Accessible due to affordability and awareness
    • JD and Courts are more suitable for criminal matters and complex civil cases.
      • Complex evidence requires rules for it to presented fairly
      • And need legal representatives to p and p
    • Access improved via legal aid, and pro bono work
  • Timely resolution:
    • ADR methods provide timely resolution for more simple civil matters while the processes in the courts ensure that evidence is properly heard and evaluated to ensure the right decision results in more complex cases
    • Delays may prevent justice for some such as suffers from James Hardie

**

Apologies that the dot points have gone a little nuts, the blog program doesn’t like so many ranks and files…..

As for legal, it is very important to be aware of the above three sections (or what ever way your teacher has called them). They are content in their own rights but also serves as a “fielding stick” by which to evaluate, compare and discuss other things that will come through in this next Area of Study.

I personally was using them as my means by which to determine if the legal system and its procedures is “effective”.

Ill leave you at that for now. And Ill see if I can track down some questions.

Let me know if I’m chasing down the wrong topics.

Regard,
JB

Unit 4- Aos 1

Hello Ladies and Gentlemen,

I’d like to appologise for my recent hiatus.

If I’ve got the right end of the stick the majority of you are about to start, or all ready have started doing Unit 4- Area of Study 1.

And if I’ve still held onto the stick that means you are looking at topics including the reason for the court hierarchy, the jurisdictions and the methods of dispute resolution used by each court and the alternatives.

If this is the case could you do me a favour and leave a quick comment to let me know im on the right track.

Tomorrow im going to start posting a series of questions and answers. As well as a few comments about why I’ve structured them as I’ve had and things that I feel are in general valuable.

Thank you very much and I hope that this will be helpful to you all.

Kind regards,
JB