Legal Dispute Resolution

Mid-year Exam and Second Test

When deciding a sentence, what purpose is served by rehabilitation? (Post-Trial)

Rehabilitation focuses on reforming the offender and improving their chances of reintegrating into society without reoffending.

What are the four purposes a judge considers when sentencing? (Post-Trial)

Retribution, Deterrence, Protection, Rehabilitation

After sentencing, who has the right to appeal a guilty verdict or sentence? (Appeals)

Both the convicted person and the Director of Public Prosecutions (DPP) have the right to appeal a guilty verdict or the imposed sentence.

What is an appeal based on an issue of law? (Appeals)

An appeal on a question of law argues that the trial judge incorrectly applied or interpreted the law during the case.

What is an appeal based on an issue of fact? (Appeals)

An appeal on a question of fact relates to how the trial judge or jury assessed or gave weight to the evidence presented at trial.

What can the appeal court do if it finds in favour of the appellant? (Appeals)

The appeal court may overturn the guilty verdict, order a new trial, or vary the sentence by increasing or decreasing it.

What can the appeal court do if it finds in favour of the respondent? (Appeals)

If the appeal court supports the original decision, it will uphold the guilty verdict and maintain the sentence as imposed.

What is the principle of finality in dispute resolution? (Underlying Principles – Civil Justice System)

once a dispute has been resolved through court or settlement, the matter is not re-litigated, promoting certainty and closure for both parties.

Why is alternative dispute resolution encouraged in civil cases? (Underlying Principles – Civil Justice

to reduce court backlogs and promote cooperative outcomes.

When does the civil pre-trial process begin? (Underlying Principles – Civil Justice System)

The civil pre-trial process begins when the plaintiff lodges a statement of claim with the court, initiating formal legal proceedings.

What are pleadings in the civil pre-trial process and when do they occur? (Underlying Principles – Civil Justice System)

Before trial, involving the exchange of written documents between the parties, clarifying the issues and evidence to be addressed in court.

Who conducts a civil trial, and what ensures fairness? (Underlying Principles – Civil Justice System)

Civil trials are conducted by an impartial judge, who ensures the rules of procedure are followed and both parties are treated fairly and equally.

Do parties in civil trials have the right to appeal the decision? (Underlying Principles – Civil Justice System)

Yes, both parties have the right to appeal a civil court decision if they believe there has been an error in law or fact.

Is a jury used in civil trials, and how are judgments delivered? (Underlying Principles – Civil Justice

Civil trials do not use a jury; the judge alone decides the outcome and must provide written reasons for the decision to ensure transparency and accountability.

What is the principle of restoration in civil law? (Underlying Principles – Civil Justice System)

The civil system does not punish the defendant but aims to restore the plaintiff to the position they were in before the harm occurred.

What is the principle of procedural fairness in civil proceedings? (Underlying Principles – Civil Justice

Procedural fairness requires judicial independence and strict adherence to rules of evidence and procedure, so that decisions are only based on the evidence presented in court.

What is the principle of procedural privity in civil disputes? (Underlying Principles – Civil Justice

Only parties with a direct legal interest in the case may be involved in the proceedings, preventing unrelated individuals from interfering.

What is the principle of public accountability in civil justice? (Underlying Principles – Civil Justice

Civil trials are held in open court to ensure transparency and allow public scrutiny of judicial processes.

What is the principle of disclosure in civil proceedings? (Underlying Principles – Civil Justice System)

Both parties are required to share relevant evidence with each other before trial to promote fairness and avoid surprise.

What is the obligation to give reasons in civil decisions? (Underlying Principles – Civil Justice

Judges must provide written reasons for their decision so that the parties understand the outcome and can decide whether to appeal.

What is the principle of incidence of costs in civil cases? (Underlying Principles – Civil Justice

The losing party is usually ordered to pay the legal costs of the winning party, which encourages settlement and discourages weak claims.

What is the resolution principle in the civil system? (Underlying Principles – Civil Justice System)

The civil system is designed to resolve disputes as efficiently and conclusively as possible, balancing formality with accessibility.

What is the accused’s right to challenge the admissibility of evidence? (Underlying Principles – Criminal Justice System)

The accused has the right to contest evidence that may have been obtained illegally, unfairly, or in breach of rules of evidence, helping to ensure a fair trial.

What is the presumption of innocence in criminal law? (Underlying Principles – Criminal Justice System)

the accused is considered innocent until proven guilty beyond reasonable doubt. The burden of proof rests on the prosecution, and the accused does not have to prove their innocence.

What does the right to legal representation ensure in criminal law? (Underlying Principles – Criminal Justice System)

The right to legal representation ensures the accused can access legal advice and advocacy, which is essential for a fair trial, especially against the resources of the state.

What is the purpose of a letter of demand in civil pre-trial proceedings? (Civil Pre-Trial Process)

Before court action, the plaintiff must send a letter of demand to the defendant outlining the nature of the dispute, the alleged wrongdoing, the law breached, and the remedy sought (e.g. damages).

What happens if the defendant does not respond to a letter of demand? (Civil Pre-Trial Process)

the plaintiff files a statement of claim with the court to formally commence legal proceedings.

How can the defendant respond to a statement of claim? (Civil Pre-Trial Process)

The defendant may admit liability, deny the allegations, or file a counterclaim. This formal response is known as the defence.

What is discovery in the civil pre-trial stage? (Civil Pre-Trial Process)

the process where both parties exchange documents relevant to the dispute, such as medical reports or contracts, to ensure transparency and fairness.

What is case flow management and how does it apply in civil pre-trial proceedings? (Civil Pre-Trial Process)

Case flow management is used by the court to monitor and manage civil cases to ensure they progress efficiently and avoid unnecessary delays.

What is case flow management in civil proceedings? (Civil Pre-Trial Process)

the court’s system of monitoring and controlling how a civil case progresses to ensure it is resolved fairly, efficiently, and without unnecessary delay.

How does case flow management reduce delays in civil cases? (Civil Pre-Trial Process)

The court sets deadlines for each stage (e.g. pleadings, discovery, trial), monitors party compliance, and intervenes to prevent stalling or abuse of process.

Why is case flow management important in the civil justice system? (Civil Pre-Trial Process)

It ensures access to justice by keeping cases moving, reducing cost and time burdens, and promoting efficient use of court resources.

Who presents their case first in a civil trial, and why? (Civil Trial Process)

The plaintiff because they bear the burden of proof and must prove their claim on the balance of probabilities.

How does the plaintiff present their case in a civil trial? (Civil Trial Process)

The same as the prosecution does in criminal

What happens after both parties have presented their evidence in a civil trial? (Civil Trial Process)

Both parties make closing submissions, summarising their arguments and evidence to persuade the judge of their position.

What does the judge do after closing arguments in a civil trial? (Civil Trial Process)

The judge may adjourn the matter to consider the evidence and deliver a reserved judgment, or deliver an ex tempore judgment immediately if the outcome is clear.

What 3 outcomes can the judge deliver in a civil judgment? (Civil Trial Process)

liable, not liable, or partially liable, depending on whether the plaintiff contributed to the harm.

What happens if the plaintiff is found to have contributed to the wrong? (Civil Trial Process)

If the plaintiff is partially at fault, the court applies contributory negligence, reducing the damages awarded based on their share of responsibility.

What happens after the defendant is found liable in a civil trial? (Civil Post-Trial Process)

the judge will award damages to compensate the plaintiff for their loss, typically in the form of monetary compensation.

What are specific (liquidated) damages in a civil case? (Civil Post-Trial Process)

Specific damages are a form of compensation that can be precisely calculated, such as lost income, medical expenses, and costs of future care.

What are general (unliquidated) damages in a civil case? (Civil Post-Trial Process)

General damages compensate for non-economic loss like pain and suffering, which cannot be precisely calculated and are assessed on a scale

How are general (unliquidated damages) calculated and assessed in a civil case? (Civil Post-Trial Process)

on a scale from 1 (minor) to 50 (severe).

Do parties have the right to appeal a civil court’s decision? (Civil Post-Trial Process)

Yes, either party may appeal the decision to a higher court, which can uphold the decision, dismiss the appeal, or vary the amount of damages awarded.

What happens when an offence is reported in the inquisitorial system? (Inquisitorial System – General Nature)

the state appoints a judicial officer, often a judge or magistrate

What is the role of the judicial officer in the inquisitorial system? (Inquisitorial System – General Nature)

gathering evidence, questioning witnesses, and directing the investigation, rather than relying on the parties to do so.

What are the two main branches of the judge’s role in the inquisitorial system? (Inquisitorial System – Judicial Role)

working with police to gather evidence while providing them legal advice on points of law.

What role does the judge play during the examination of witnesses in the inquisitorial system? (Inquisitorial System – Judicial Role)

leads the questioning of witnesses and is responsible for producing and examining evidence directly, rather than relying on the parties.

What is the right to silence in the inquisitorial system? (Inquisitorial System – Rights of the Accused)

The accused is presumed innocent and has the right to remain silent, but is expected to answer questions from the judge; refusing may reflect poorly on them.

What is the role of legal representation in the inquisitorial system? (Inquisitorial System – Legal Representation)

Lawyers assist the judge in uncovering the truth, while the defence lawyer specifically protects the rights of the accused.

What is the dossier in the inquisitorial system? (Inquisitorial System – Collection of Evidence)

A folder containing all evidence, including written witness statements and their own observations about the credibility of each witness.

When can an accused be committed to trial in the inquisitorial system? (Inquisitorial System – Collection of Evidence)

if a strong presumption of guilt exists based on the evidence in the dossier.

What is the main purpose of a trial in the inquisitorial system? (Inquisitorial System – Trial Process)

The trial is focused on discovering the truth, rather than resolving a dispute between two opposing parties.

How is the inquisitorial trial process more flexible than the adversarial system? (Inquisitorial System – Trial Process)

The judge may adjourn the trial and request further evidence be collected if necessary, allowing for a more thorough fact-finding process.

Who delivers the verdict in the inquisitorial trial process? (Inquisitorial System – Trial Process)

The judge after evaluating all the evidence presented throughout the trial.

What verdicts can a judge deliver in the inquisitorial system? (Inquisitorial System – Trial Process)

guilty, innocent, or charge not proven.

What does a “charge not proven” verdict mean in the inquisitorial system? (Inquisitorial System – Trial Process)

there is insufficient evidence for a conviction, but the case may be reopened in the future if new evidence arises.

How does the inquisitorial system treat written witness statements? (Inquisitorial System – Rules of Evidence)

Written witness statements are allowed and included in the dossier, although witnesses may still be interrogated at trial by the judge.

How do rules of evidence and procedure differ in the inquisitorial system? (Inquisitorial System – Rules of Evidence)

They’re more flexible than in the adversarial system, with the key focus being whether evidence is relevant rather than strictly admissible.

Is character and past criminal history included as evidence in the inquisitorial system? (Inquisitorial System – Rules of Evidence)

Yes, included in the dossier and may be considered by the judge.

How do witnesses give their evidence? (Inquisitorial System – Rules of Evidence)

In a narrative form

What is the right to appeal in the inquisitorial system? (Inquisitorial System – Right to Appeal)

the grounds for appeal are narrower and usually limited to serious legal or procedural errors.

How are civil claims handled in the inquisitorial system? (Inquisitorial System – Civil Claims)

civil claims related to the criminal matter can be heard and decided during the same trial, saving time and avoiding separate proceedings.

Why is party control a strength of the adversarial system? (Adversarial System – Strengths)

Party control empowers individuals to manage their own case, which reflects democratic values and promotes ownership of legal outcomes.

Why is the system’s focus on truth through conflicting interests a strength? (Adversarial System – Strengths)

When both parties argue their case forcefully, the truth is more likely to emerge from the clash of competing evidence and argument.

Why is equality before the law a strength of the adversarial system? (Adversarial System – Strengths)

The system treats both parties as equal in legal standing, helping ensure fairness regardless of status or background.

Why is respect for individual legal rights a strength in the adversarial system? (Adversarial System – Strengths)

Rights such as the presumption of innocence and the right to silence safeguard individuals against abuse of power and wrongful conviction.

Why is judicial independence a strength of the adversarial system? (Adversarial System – Strengths)

Independent judges ensure impartiality and fairness, deciding cases solely on evidence and legal merit without external influence.

Why are strict rules of evidence a strength in the adversarial system? (Adversarial System – Strengths)

They ensure that only reliable and relevant evidence is considered, protecting against bias and unfair advantage.

Why are strict rules of procedure a strength of the adversarial system? (Adversarial System – Strengths)

These rules promote consistency, require the accusing party to meet a high standard of proof, and reduce the risk of a miscarriage of justice.

Why is trial by jury a strength in the adversarial system? (Adversarial System – Strengths)

Trial by one’s peers enhances community participation in justice and helps ensure that verdicts reflect societal values.

Why is the right of appeal a strength in the adversarial system? (Adversarial System – Strengths)

It provides a safeguard against legal error, allowing dissatisfied parties to have a higher court review the trial decision.

Why is party control considered a weakness of the adversarial system? (Adversarial System – Weaknesses)

Party control assumes equal skill, knowledge, and resources between parties, but in reality, wealthier or better-represented parties often have a significant advantage.

Why is the reliance on conflicting interests a weakness in the adversarial system? (Adversarial System – Weaknesses)

There is no guarantee the truth will emerge, as parties may withhold or manipulate evidence if it benefits their case.

Why is equality before the law criticised in the adversarial system? (Adversarial System – Weaknesses)

Without equal access to legal resources, wealthier parties can afford better representation and make better use of the system, undermining true equality.

How is respect for individual legal rights seen as a weakness in the adversarial system? (Adversarial System – Weaknesses)

Critics argue the system focuses too heavily on the rights of the accused, often neglecting the rights and experiences of victims.

Why is judicial independence sometimes criticised in the adversarial system? (Adversarial System – Weaknesses)

judges, as legal experts, should play a more active role in investigating and managing the case rather than remaining passive.

Why can strict rules of evidence be a weakness in the adversarial system? (Adversarial System – Weaknesses)

can exclude important but technically inadmissible evidence, which may lead to incorrect verdicts

What is a criticism of trial by jury in the adversarial system? (Adversarial System – Weaknesses)

Jurors are not legally trained and may struggle to fully understand complex evidence or legal instructions, which can affect verdict quality.

Why is the right of appeal a potential weakness in the adversarial system? (Adversarial System – Weaknesses)

Although appeals exist, they can be inaccessible due to high legal costs, limiting fairness for parties who cannot afford to appeal.

Why is giving judges a more active role proposed as a reform to the adversarial system? (Adversarial System – Possible Reforms)

A more active judicial role could help uncover truth and improve efficiency, but risks compromising impartiality.

Why is abolishing the right to silence proposed as a reform? (Adversarial System – Possible Reforms)

Critics argue it is outdated and obstructs truth, but removing it undermines the presumption of innocence.

How could increasing accessibility to legal representation reform the adversarial system? (Adversarial System – Possible Reforms)

Expanding legal aid and reducing costs would improve fairness by giving all parties genuine access to justice.

Why is simultaneous resolution of civil and criminal matters suggested as a reform? (Adversarial System – Possible Reforms)

Allowing both matters to be resolved together increases efficiency when one event causes both criminal and civil harm.

Why is complete abolition of the adversarial system proposed by some critics? (Adversarial System – Possible Reforms)

Some believe replacing it with the inquisitorial system would prioritise truth, but this would remove key legal safeguards.

Why is deterring ill-prepared cases a strength of the rules of evidence? (Rules of Evidence – Strengths)

Strict rules discourage weak or poorly prepared cases from reaching court, saving time and resources.

Why is equal access to the law a weakness of the adversarial system’s rules of evidence? (Rules of Evidence – Weaknesses)

The system assumes both parties can afford legal advice, but in reality, access is unequal and may favour the wealthy.

How does the method of examining witnesses limit the effectiveness of truth-finding? (Rules of Evidence – Weaknesses)

Lawyers control questioning, so relevant facts may be left out if they don’t serve their case.

What reform proposes that relevance should be the only requirement for evidence admissibility? (Rules of Evidence – Reforms)

that all relevant evidence should be admissible, even if it would be excluded under strict evidentiary rules.

What reforms are proposed for how witnesses give evidence in court? (Rules of Evidence – Reforms)

Witnesses should be allowed to speak in narrative form, submit written statements, and use alternative methods if vulnerable.

Why is the jury’s non-disclosure of reasons considered a weakness of the jury system? (Jury System – Weaknesses)

Juries don’t have to explain their verdict, so parties can’t assess how evidence was understood or applied.

Why is jury service considered inconvenient and costly? (Jury System – Weaknesses)

Jury duty disrupts people’s lives and income, which can make participation burdensome and unpopular.

What is the proposed reform to allow juries to ask questions during trial? (Jury System – Reforms)

Allowing jurors to ask questions would improve clarity and understanding of complex legal or factual issues.

What is an intermediate verdict and how is it proposed to reform the jury system? (Jury System – Reforms)

An intermediate verdict would pause the trial to allow collection of more evidence before final judgment.

Why is requiring juries to give reasons for their verdict considered a useful reform? (Jury System – Reforms)

It would increase transparency and support parties who wish to appeal the decision.

What is jury vetting and how would it improve the jury system? (Jury System – Reforms)

Jury vetting allows judges to assess jurors’ capacity to fairly and competently decide the case.

What are composite juries and why are they proposed as an alternative to traditional juries? (Jury System – Alternatives)

Composite juries would include legal professionals alongside laypeople to combine legal expertise with community representation.

Why is improved accessibility a strength of the inquisitorial system? (Inquisitorial System – Strengths)

Since the state conducts the investigation, parties face fewer legal costs, increasing access to justice.

Why is the option of an intermediate verdict a strength of the inquisitorial system? (Inquisitorial System – Strengths)

It allows for the trial to be paused and additional evidence gathered before a final decision is made.

Why is the absence of a jury considered a strength in the inquisitorial system? (Inquisitorial System – Strengths)

It avoids issues linked to juror bias, inexperience, and lack of legal reasoning.