The need for Legal practitioners
Having this person advise parties on their legal rights and options can help them understand and navigate the legal system.
What is a legal practitioner?
The primary purpose of civil remedies is generally to restore the plaintiff to their position before the wrong occurred.
What is restoring the plaintiff to their original position?
In a civil dispute, this judicial officer acts as an independent third party who oversees the proceedings.
Who is the judge or magistrate?
In a civil trial where a jury is used, they must remain unbiased and objective.
What is being impartial?
This is the term for a civil claim brought by a group of 7 or more individuals.
What is a class action or group proceeding or representative proceeding?
Legal practitioners can help parties read through complex legal documents and assist with drafting necessary paperwork, like pleadings and affidavits.
These are monetary awards ordered by a court to compensate the plaintiff for the loss or injury suffered.
What are damages?
This role involves managing the case, including giving directions, setting time limits for evidence, and potentially ordering parties to attend mediation.
What is case management?
In a civil case heard by a jury, this is the factual question they must decide, based on the evidence presented.
What is liability?
To initiate a class action in Victoria, this is the minimum number of people required to have similar claims against the same party.
What is seven or more?
This is the principle of justice that can be enhanced by having legal representation, as it ensures parties can engage with the legal system on an informed basis and present their case effectively
What is access?
This type of injunction is an order preventing a party from doing something, such as preventing publication of defamatory material.
What is a restrictive injunction
These judicial officers ensure that proceedings are conducted without bias and according to the rules of evidence and procedure.
What is acting as an independent umpire?
Parties might choose a civil jury if they prefer to have their case decided by this instead of a single judge.
What are their peers or a cross-section of society?
This principle of justice is particularly promoted by class actions as they allow individuals who might have suffered small losses to still seek a remedy by joining a group claim.
What is access?
Legal practitioners can assist in presenting and cross-examining witnesses, which is particularly important in cases involving vulnerable witnesses or those where one party might attempt improper questioning. For instance, in family violence cases, legal representation may be provided by Victoria Legal Aid for cross-examination of a protected witness if the accused does not have legal representation.
What is presenting evidence and cross-examine witnesses?
This type of damages includes specific damages (precise value) and general damages (estimated value for non-economic loss like pain and suffering), aiming to compensate the plaintiff for quantifiable and unquantifiable losses.
What are compensatory damages?
At the conclusion of a civil trial without a jury, the judge or magistrate determines both the liability of the defendant and the appropriate remedy.
What is determining liability and remedies?
The judge provides these to the jury to guide them on the relevant law and how to apply it to the facts of the case.
What are jury directions?
One criterion for a class action to proceed is that the group members' claims must arise out of the same, similar, or related circumstances.
What is similar claims?
Without a legal practitioner, some parties may struggle to understand court processes, present their arguments effectively, or navigate complex evidence, potentially leading to an unjust outcome. This highlights how the quality of legal representation can be unequal, impacting a party's ability to present the best possible case.
What is a limitation on fairness or equality without legal representation?
While injunctions can effectively prevent or stop harmful actions, their discretionary nature means a court is not required to grant one, and if breached, enforcement requires further court action, potentially causing delay and cost.
What is a limitation of injunctions
While judges and magistrates ensure rules and procedures are applied equally to all parties, they cannot provide legal assistance to self-represented parties to the extent of a legal practitioner, which might disadvantage those without representation.
What is a limitation on achieving equality or fairness for self-represented parties?
While juries can enhance fairness by allowing a cross-section of society to decide the outcome and dispel responsibility among many, concerns exist that jurors, who are ordinary citizens, may find complex legal or factual issues difficult to understand without legal expertise, potentially impacting the fairness of the outcome.
What is a potential limitation on fairness due to complexity?
A potential limitation of class actions is that the lead plaintiff bears the burden of costs and engaging legal practitioners, and while the group members may receive compensation if successful, they might not be compensated for the time and effort involved.
What is a limitation regarding the burden on the lead plaintiff or compensation for group members?