changes/proposed changes to the legal system

[Chazef]

Exactly how much am I supposed to know for the last two dot points of the study design? Is it enough to memorise 2 difficulties faced by individuals in the law and 2 proposed changes to fix it, or do I need a proposed change and recent change for each? I am completely lost.

[michak]

Exactly how much am I supposed to know for the last two dot points of the study design? Is it enough to memorise 2 difficulties faced by individuals in the law and 2 proposed changes to fix it, or do I need a proposed change and recent change for each? I am completely lost.

You need to know a couple of changes to the legal system that have happened recently and proposed changes.
I was told by teacher that you need a couple for Adversary system (criminal and civil) and jury system

Hope that helps

[meganrobyn]

A few years ago problems and changes was the 10-marker. So 2-3 pages of writing.

Luckily, every weakness from Unit 4 can be used, plus a lot of what you know about the use of non-judicial methods are recent changes. You can also use proposed adversary reforms, jury recent and proposed changes, any pre-trial procedure recent or proposed change etc, plus any recent changes to VCAT or court operation.

Don't mix adversary with crim/civil, though, as they don't accept pre-trial or sentencing etc in adversary questions.

[TAP94]

To follow on from your response Megan, in my textbook under 'recent changes/recommendations for change' to further assist in achieving the three elements of an effective legal system, for the adversay system, most changes relate to criminal matters: such as for 'entitlement to a fair and unbiased hearing' the changes was 'consistency in criminal procedure' and for 'effective access to the legal system' the change was 'simplifying criminal procedure' and so on... I guess my question would be is it okay to use these or am I in a bit of pickle for the last dot of the SD for the adversary system only? Thanks very much!!

[meganrobyn]

I personally would go broader than just criminal reforms, because lots of the problems relate to civil and it's nice matching problems to reforms a bit.

It sounds like you're talking about court and specifically JD resolution through court rather than the adversary system, though. Adversary answers should be strictly on the nature of the five features - not pre-trial or jury or anything like that.

[TAP94]

Okay...would you be able to give me an example of a recent change/recommendation for change that would directly relate to the adversary system, that would be a big help, thanks!

[michak]

Okay...would you be able to give me an example of a recent change/recommendation for change that would directly relate to the adversary system, that would be a big help, thanks!

You could use any feature from the inquisitorial system eg. a more active role for the judge or simplfying the rules of evidence by allowing written evidence