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PRINCIPLES OF JUSTICE IN CIVIL
Terms in this set (8)
Means conforming to due process, procedural fairness and the facilitation of fair hearings for both parties. This means that both parties should be aware of the strength of the case being made against them, that mechanisms are in place to guard against imbalance of bargaining power and that whomever is presiding over a dispute treats each part impartially and without prejudice.
Examples of Fairness in Civil Law
The availability of legal representation, how well equipped the parties are to understand the nature of legal proceedings, how quickly and cost-effectively disputes may be resolved.
That both parties, irrespective of their socio-economic status, are treated impartially and
held to the same standard. That is, no allowances or concessions are granted unless there are significant legal grounds to do so.
Examples of Equality in Civil Law
Allowing both parties the right to legal representation. Ensure that both parties conform to due process.
Rule of Law
principle that the law applies to everyone, even those who govern, "All persons are equal before the law. No one is above the law."
Rule of Law in Practice
equality does not always equate to fairness - it is important to discriminate
between people in order to ensure that the process of resolution, as well as the outcome itself, is fair
To ensure everyone has access to the law in light of financial,
physical, mental or social disadvantages they may face
Examples of Access in Civil Law
Legal Aid, Court Services Victoria provides translators and other support for persons attending court. Community legal centres and not-for-profit groups publish information sheets and online
resources to ensure people of all ages, linguistic and cultural backgrounds understand the law and can use it to protect themselves.
THIS SET IS OFTEN IN FOLDERS WITH...
Victorian Law Reform Commission
How rights are protected in Australia
WHAT IS CIVIL LAW?
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OTHER SETS BY THIS CREATOR
PURPOSES OF CIVIL PRE-TRIAL PROCEDURES
THE VICTORIAN COURT HIERARCHY AND CIVIL CASES
CAV and VCAT
FACTORS TO CONSIDER WHEN INITIATING A CIVIL CLAIM