What Does Justice Mean In Terms Of The Australian Legal System

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

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

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