Legal Studies - Year 12 - Mr Osborne's Legal Class: Unit 4 - AOS 2 - Court processes and procedures, and engaging in justice

AREA OF STUDY 2 Court processes and procedures, and engaging in justice

Dispute resolution through courts operating under the adversary system of trial is characterised by formal processes and procedures that must be adhered to by all parties involved with the case. Students investigate the major features of the adversary system of trial, and aided by a comparison with the inquisitorial system of trial, evaluate the adversarial approach to dispute resolution. They also examine criminal and civil pre-trial and post-trial procedures. Students investigate the role of criminal and civil juries, consider their strengths and weaknesses, and suggest reforms and alternatives applicable to the current jury system. Throughout their investigation of court processes and procedures, students assess the extent to which these processes contribute to an effective legal system.

Outcome 2

On completion of this unit the student should be able to explain the processes and procedures for the resolution of criminal cases and civil disputes, and evaluate their operation and application, and evaluate the effectiveness of the legal system. To achieve this outcome the student will draw on key knowledge and key skills outlined in Area of Study 2.

Key knowledge

• the elements of an effective legal system: entitlement to a fair and unbiased hearing, effective access to the legal system and timely resolution of disputes
• major features of the adversary system of trial, including the role of the parties, the role of the judge, the need for the rules of evidence and procedure, standard and burden of proof and the need for legal representation • strengths and weaknesses of the adversary system of trial
• major features of the inquisitorial system of trial
• possible reforms to the adversary system of trial
• criminal pre-trial procedures and their purposes, including bail and remand and committal hearings
• general purposes of criminal sanctions
• an overview of three types of sanctions and their specific purpose
• Supreme Court civil pre-trial procedures, including pleadings, discovery and directions hearings, and the purposes of these procedures
• the purpose of civil remedies
• types of civil remedies, including damages and injunctions
• the role of juries, and factors that influence their composition
• strengths and weaknesses of the jury system
• reforms and alternatives to the jury system
• problems and difficulties faced by individuals in using the legal system
• recent changes and recommendations for change in the legal system designed to enhance its effective operation.

Key skills 

• define key legal terminology and use it appropriately
• discuss, interpret and analyse legal information
• apply legal principles to relevant cases and issues
• critically evaluate the adversary system of trial
• compare the operation and features of the adversary system with the inquisitorial system
• describe the pre-trial procedures for the resolution of criminal cases and civil disputes, and compare their relative purposes
• discuss the ability of criminal sanctions and civil remedies to achieve their purposes
• critically evaluate the effectiveness of juries
• suggest and discuss reforms and alternatives to the adversary system and the jury system
• evaluate the extent to which court processes and procedures contribute to an effective legal system.