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April 18, 2026, 01:31:46 pm

Author Topic: Problems/difficulties faces by individuals in using the legal system  (Read 3260 times)  Share 

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TAP94

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Hi guys,
Just in re to this particular dot point of the study design (Unit 4 Outcome 2), Can i just say that one difficulty faced by many individuals using the legal system is the high cost of justice. ? Or should I be talking more about specific ones: such as Aboriginal people, mental illness sufferers etc?

Here is an example: could someone just comment on its appropriateness!! Thanks :)

Question:
Identify and explain one problem or difficulty faced by individuals using the legal system. Outline one change (or recommendation for change) to improve the effective operation of the legal system. (4 marks)

My answer:
One difficulty faced by many individuals using the legal system is the high cost of justice. Currently, a party involved in a criminal or civil case can incur high costs. The costs include the cost of legal representation, court filing fees and a jury if chosen. This may discourage individuals from pursuing a civil claim, and may present problems for parties involved in criminal and civil actions. Further to this, the availability of Legal Aid is very limited and often does not provide adequate assistance. As a result, the high costs involved in legal proceedings in our legal system currently pose a major obstacle which impact on the ability to achieve effective access to the legal system.

One change which has been introduced, to assist in combating the high cost of justice, is the increased use of alternative dispute resolution. A two-year pilot in the Supreme Court has reported a 79% settlement rate with mediation and a cost saving of $30 million in legal fees. The vast disparity in costs associated with court proceedings compared to alternative dispute resolution methods has provided an accessible means to which individuals in the community can gain effective access to the legal system, overcoming costs which once acted as a deterrence. As well, more people are being entitled to a fair and unbiased hearing, as financially disadvantaged individuals can now pursue legal matters without the burden of high costs in obtaining legal representation. ADRs have assisted in overcoming the difficulty of the high cost of justice, as well as ultimately improving the effective operation of the legal system. 

How could I improve this to ensure I score full marks on the exam if its a similar question?
Thanks:)

meganrobyn

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Re: Problems/difficulties faces by individuals in using the legal system
« Reply #1 on: October 15, 2012, 07:04:05 pm »
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Don't worry, the way you're doing it is good - I'd give you full marks. I think cut the final two sentences off the end, though, because they sound repetitive and you wouldn't have time for 4 marks. Not worth it.

Something broad like 'cost' is 100% fine if you have specifics to back it up. Which you do :)
[Update: full for 2018.] I give Legal lectures through CPAP, and am an author for the CPAP 'Legal Fundamentals' textbook and the Legal 3/4 Study Guide.
Available for private tutoring in English and Legal Studies.
Experience in Legal 3/4 assessing; author of Legal textbook; degrees in Law and English; VCE teaching experience in Legal Studies and English. Legal Studies [50] English [50] way back when.
Good luck!

TAP94

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Re: Problems/difficulties faces by individuals in using the legal system
« Reply #2 on: October 15, 2012, 07:27:17 pm »
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Okay thank you so much!!

KristyDanielle

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Re: Problems/difficulties faces by individuals in using the legal system
« Reply #3 on: October 17, 2012, 11:20:10 pm »
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That's a great answer - detailed, specific and very comprehensive. I'd give you full marks! The only thin is that 'alternative dispute resolution' is now known as 'appropriate dispute resolution'. Please address the term ADR in this way. It was only updated recently, I think it was in Rob Hulls' 'Justice Statement 2'. Hulls suggested that instead of labelling ADR methods as 'alternative' we should aim to make them the most 'appropriate'. Therefore ADR is now known as appropriate dispute resolution.

Other than this, your answer was great and of high standard. Best of luck for the exam. I'm sure you'll do wonderfully!

meganrobyn

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Re: Problems/difficulties faces by individuals in using the legal system
« Reply #4 on: October 17, 2012, 11:27:39 pm »
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In the context of your answer you could change it to 'non-judicial dispute resolution' and not have to alter anything else in the sentence.
[Update: full for 2018.] I give Legal lectures through CPAP, and am an author for the CPAP 'Legal Fundamentals' textbook and the Legal 3/4 Study Guide.
Available for private tutoring in English and Legal Studies.
Experience in Legal 3/4 assessing; author of Legal textbook; degrees in Law and English; VCE teaching experience in Legal Studies and English. Legal Studies [50] English [50] way back when.
Good luck!

TAP94

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Re: Problems/difficulties faces by individuals in using the legal system
« Reply #5 on: October 17, 2012, 11:31:06 pm »
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Thank you so much  :) Okay then, I will be sure to refer to ADRs as appropriate dispute resolution methods from now on. Again thanks for the heads up on that too. I appreciate it.
 ;D

TAP94

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Re: Problems/difficulties faces by individuals in using the legal system
« Reply #6 on: October 17, 2012, 11:31:48 pm »
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I will make that little tweak to my answer, thanks Megan.
Highly appreciated.  ;D

panicatthelunchbar

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Re: Problems/difficulties faces by individuals in using the legal system
« Reply #7 on: October 21, 2012, 10:09:54 pm »
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I have included Aboriginal people and lack of access due to financial hardship. Is that OK for this particular dot point?

TAP94

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Re: Problems/difficulties faces by individuals in using the legal system
« Reply #8 on: October 21, 2012, 10:29:06 pm »
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Yep...I don't see why that would be a problem!  ;D