1. What does 'justice' mean in terms of the Australian Legal System? Justice is fairness, it's the process of protecting rights and to fairly judge and punish wrongs and giving every individual their due rights from the system. This includes all rights, natural right and legal rights.
When two parties go to court they receive justice, the role of the court is to dispense justice fairly to everyone. 2. What is a court hierarchy and explain the reasons for it? The judiciary of Australia has formed a hierarchy of courts from a variety of courts and tribunals at both the state, territory and Federal levels. This forms a hierarchy or ranking and interrelationships between them. The high court will always remain the highest court of appeal
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What is the inquisitorial system? The inquisitorial system in opposed to the adversarial system. It's a system where the court or part of it is actively involved in proof taking and investigating facts of the case. Countries like the United States and the United Kingdom that use common law may use an inquisitorial system for summary hearings like road traffic violations and street offences. 6. Explain the differences between the burden and standard of proof in criminal and civil cases. There is a much higher standard of proof in a criminal case in opposed to civil cases. This is because lots of the evidence is physical and assumptions on guilt can be made more easily on this whereby in a civil case aren't as much based on physical evidence but witness's accounts. The outcomes in criminal cases are much more severe as opposed to civil so the evidence they present must be strong, clear, convincing, and correct.
The difference between the burden of proof in a criminal court is that it is decided by 'proof of guilt beyond a reasonable doubt' whereby in a civil case it is decided by 'a preponderance of evidence.' In a criminal case it is not beyond all doubt only reasonable and in a civil case 'preponderance' refers to the weight of the evidence
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Mediation is where the two parties aim to reach a mutual resolution on the dispute with the help of a mediator. Mediation is helpful when both parties want to come to a decision without going to court as they settle the dispute themselves. Mediation does not decide on the dispute it leaves control of the outcome with the parties.
Arbitration is a formal way of resolving disputes, it's set up so opposing parties present their cases to an independent third person. The arbitrator makes a decision based on hearing the case and the evidence presented to them. Both parties agree to be bound by the arbitrators decision.
Expert determination is another alternative procedure for resolving disputes, the decision is made by an independent third party, the outcome will be based on the independent third parties decision.
Negotiation should be seen as the first step in resolving disputes. It's an informal process where both parties communicate directly and aim to achieve a mutual agreement. The parties have a choice on whether a third party is involved generally a solicitor. 12. Identify the advantages and disadvantages of
Another major difference between the two systems is how precedent binds the court. In the adversarial system, decisions from a higher court set a precedent and bind the court. However, in the inquisitorial system, a judge is usually able to make decisions on a case by case basis. 4. If you believe that my negligence has caused you damage, you can take me to court in a civil trial to determine whether I should pay you compensation.
Mediation only means that a neutral third party will try to work with both sides to resolve the case. On the other hand, Arbitration will also have a third party will hear both sides and decide the case similar to how a judge would do so. With Arbitration, the parties are able to select the terms of the hearing themselves unlike in court. A set of monetary range may be agreed in advance for the Arbitrator to decide within. Advantages of Arbitration/Mediation in Sexual Assault Cases: 1.
magistrates court deals with nearly all criminal court cases with more than 97% also being completed there. There are three kinds of cases that are dealt with in a magistrates court, the first being summary offences which are less serious cases, where the defendant is not entitled to a trial by jury. These include cases such as minor assaults or motoring offences. Both of these courts are for criminal purposes. All cases start in the magistrates court.
Should America continue to allow the death penalty? This essay will tell you why America should not be continue the death penalty. For starters, the death penalty is punishment by death; usually resulting after a crime that America calls capital crimes or capital offences. There are many of reasons why the death penalty should not be carried out in America or anywhere “Application of the death penalty tends to be arbitrary and capricious; for similar crimes, some are sentenced to death while others are not.”
Today, modern standards require the burden of proof be brought forth by the plaintiff, or prosecution in criminal cases. This means that the accused no longer has to prove they did not commit the crime, but the prosecution has to prove that all the evidence proves the accused did in fact commit the crime in question. Circumstantial evidence is not enough, but physical evidence, or forensic evidence is now required in modern courts for a conviction. Additionally, the modern standard when considering evidence, and for conviction is “beyond a reasonable doubt.”
The three levels within the federal courts are: the U.S. Magistrate Courts, the U.S. District Courts, the U.S. Courts of Appeals, and the U.S. Supreme Court. The magistrate courts are the lowest level and as such are limited to trying misdemeanors, setting bail amounts and assisting the district courts. The U.S. District Courts are the federal branch of original jurisdiction courts. These are responsible for criminal trials and giving guilty or not guilty verdicts. The U.S. Courts of Appeals are responsible for all the appeals from U.S. district courts.
Justice is the resolution of a critical situation (Selzer), and is comprised of three crucial parts. One is that justice must be a rational thought, free of any influence from emotions (Selzer). This means, that in order for a just resolution to be found, it must be made only with concern for facts and information, and should not be concerned with the emotional repercussions of a resolution. In addition, justice, needs to be vindictive, and should be justified as such. Lastly, justice must be about restoring balance (Selzer), not about complete retaliation, as acts of retaliation result in a cycle that occurs for ad infinitum.
Michal Yerushayalimu CRS 760-GW1 Dr. Beverly Ross 9/25/16 Essay One: Mediation Plan Parties Involved: Bob (Employee) Michal (Supervisor) Mary (Employee) Issues in Conflict: Bob who is an employee for Pinksters Industries as Senior Analysist is well known as the prankster of the office and has a tendency to throw jokes around that are inappropriate and are displayed as racial hatred towards African Americans in particular. After over hearing a conversation that bob was having with other employees in his department with him telling one of his jokes that were very highly insulting towards African Americans; I decided there needed to some form of mediation due to the complaints of his co-worker Mary whom works in the same department.
Montana 1948: Justice and the Rule of Law According to Merriam-Webster, “justice” means the process or result of using laws to fairly judge and punish crimes and criminals. In the story of Montana 1948 the character David Hayden encounters many distinctive ways the law works than it would normally be displayed in the American Justice system.
Justice can take many forms whether it’s receiving a punishment from one’s parents or coming to an agreement in court. However, the word justice is used so often and so freely that it can often be used wrong. According to the Merriam-Webster’s online dictionary, the definition of justice is, “The maintenance or administration of what is just esp. by the impartial adjustment of conflicting claims or the assignment of merited rewards and punishments” (“Justice”). This simply means that justice is protecting what is right by penalizing offenders, awarding heroes, and being unbiased when mediating disputes.
Justice is a way to prove someone is rightfully or wrongfully doing something in that time of event. If someone steals something and someone notices, that someone will try to bring the person who had something stolen from them justice because it was wrong. In “The Reeve’s Tale”, a short story in The Canterbury Tales by Geoffrey Chaucer, the miller is stealing food from people. So two students want to bring justice to the college professor who had food stolen from him. Allen and John, two students from the town, bring justice to the professor by going through several series of events over the course of their adventure.
A) What happens in the trial to the characters involved (ie the witnesses, judges, lawyers)? To Kill a Mockingbird is entered around the trial of alleged rape of Mayella Ewell by Tom Robinson. Atticus Finch is Tom Robinson’s defence lawyer.
Formal schemes include the Advisory, Conciliation and Arbitration Service (ACAS) which deals with disputes in many fields. Advantages The main advantages are that the parties may choose their own arbitrator, be it a technical expert or by a lawyer or by a professional arbitrator. This could save the expense of having to call upon an expert in the particular field and saving the need to explain technicalities to a judge. For example, a maritime dispute over damaged goods can be arbitrated by a person who is knowledgeable about the conventional practices in that industry; or that a software dispute concerning the adequacy of custom developed software
The prosecution bears the legal burden to prove the guilt of defendant beyond reasonable doubt in criminal cases whereby the defendant bears the evidential burden
The highest position in the judiciary of Malaysia is the Chief Justice of the Federal Court of Malaysia (also known as the Chief Justice of Malaysia), followed by the President of the Court of Appeal, the Chief Judge of Malaya, and the Chief Judge of Sabah and Sarawak. Our courts structure is divided into superior courts and subordinate courts. The High Court, Court of Appeal and the Federal Court are superior courts, while the Magistrates Court, the Court for Children and the Sessions Court are subordinate courts. A