Analysis: The Frank Hiscock Legal Aid Society

Although legal formalism is a critical component to the Australian legal system, judicial creativity is essential when the legislation fails to satisfy rule of law ideals. One key example of this is that although abortion is an offence under the Queensland Criminal Code, it was ruled this year by the Supreme Court that a 12 year old was able to proceed with terminating a pregnancy in a Queensland public hospital. This case’s outcome would be viewed as incorrect using reasoning from a strict legal formalism approach, however it is justified as it demonstrates judicial creativity can be employed when legal formality and procedural legality have not been met.

Fundamental to the Scottish legal system is discovering the truth. In Scotland, a defendant has to be presumed innocent until proven guilty . The burden of proof lies with the Crown, who must prove their case against a defendant beyond a reasonable doubt. From the very beginning of the criminal process - the arrests of the suspect - until the very end - the conviction of the defendant - the state are empowered with many rights, such as the power to detain , which assist them in reaching the truth. Although the state are provided with these rights, there are limitations placed on them in the form of the rights of the defendant, such as the right to remain silent or the right to defend themself either in person or through legal

Restorative justice practices is seen as an innovative informal approach to criminal justice and is used as an alternative to the mainstream criminal court procedures. It offers alternate ways to aid in repairing the harm caused by the offenders and involves both the victim and offenders in the process. Surrounding restorative justice lies the debate that the practices are potentially more harmful than beneficial for the victims. This debate is complex and interminable, as there are various factors that can influence the outcome of the procedures. This essay will explore and discuss the concept of restorative justice and the practices that are commonly supported and conducted in Australia. The essay will then explore the debate around restorative

More than ever people are losing access to justice. Even though the global economic crisis affected everyone, and every jurisdictions budget there needs to be a minimum level of funding for legal aid to protect the rights of those that cannot afford legal aid (Hainsworth, 2010). According to Hainsworth, (2010) the Canadian Bar Association has asked for national standards for legal aid, just like there are standards for health care and education. The CBA believes legal aid reform is needed to ensure access to justice for low income people, it also believes funding must be increased and national standards for eligibility and civil coverage are necessary to make the system function properly again.

Which of the following statements concerning the severance of parties charged with a criminal offense is incorrect?

A Few Good Men is a 1992 American legal drama directed by Rob Reiner. The story follows the court-martial of two U.S. Marines, who are charged with the murder of a fellow marine and the problems faced by the lawyers, of the accused, while preparing their defenses. The Marines are on a murder trial for carrying out a “code red” order. The movie refers to “code red” as a type of extrajudicial punishment used for an alleged crime or offense, which is carried out without a legal procedure.

the public can put its trust ad faith in but this time it fell apart

Merit –compare and contrast the role of judges ,lawyers and lay people within the English courts.

Due to negative aspects that were presented in cases such as the Corey Davis case, the effectiveness of the Australian Legal System in accomplishing justice began to be viewed to demonstrate flaws in certain occasions by the Australian public. The Australian legal system aims to achieve equality and fairness towards the citizens of Australia to avoid anarchy within the nation. This is accomplished by set rules and laws that are created by the government. However, if these rules and laws are to be broken by an individual or a group of people living within the borders of the country, they may face legal consequences that include getting a fine, imprisonment, a life sentence or in some occurrences, a combination of these forms of punishment. In the Corey Davis case, an eleven year old boy that is identified as ‘W’ is sent to trial for committing an offence towards a six year old boy. An outline of the events in the Corey Davis case will be further explored as well as the involvement of the police, the conduct of the court system throughout the investigation of the case and its influence in achieving justice, and a summary of the trial. Furthermore, the debate about the current age limit for doli incapax and whether it is appropriate for modern society will be discussed as the Corey Davis case raised arguments about this topic. The Australian legal system aims to achieve justice, however certain instances such as the Corey Davis case have proved that it may occasionally

This paper aims to explore the Legal Services Act 2007 and the impact the Act has had on the role of a Costs Lawyer since implementation.

The Legal Services Act 2007 has changed the way in which legal services are regulated in England and Wales by creating a new structure for legal services. The act allows lawyers and non-lawyers to form businesses together and also permits non-lawyers to be involved in the management or ownership of businesses that provide legal services, known as Alternative Business Structure (ABS).

Question Number or Title: It has been consistently argued that the judiciary in England and Wales is not reflective of society. Critically consider the explanations for the lack of diversity within the judiciary and the extent to which government legislation and initiatives have tried to increase diversity within the judiciary?

The leading cases, CIR v Mitsubishi Motors Ltd [1995] and Commissioner of Taxation v James Flood Pty Ltd [1953] that reflect a taxpayer

Explain and critically consider the use of lay magistrates in the legal system of England and Wales.

So for week one, I was not sure what some of these laws have to do with my position at OU. I still do not understand what some of these laws have to do with my current position at OU. I do better understand how some of these laws could and can benefit me as a homeowner. I also understand how tort law could affect the patients that I see and assist in caring for. “Tort law governs injuries or harm caused by one person to another person”. This could help the patients if they get hurt from the treatments they receive. I also understand that these different laws could affect me if I were a manager of a company. I learned about Public law and how it affects us every day and how we interact every day. We read about Federal law and that it is like the constitution. Federal law mandates us as well as the government. I learned about Civil law and that it determines what the law is. I learned a lot about what exactly is state laws, which determine things like speed limit, property tax, sales tax, and city ordinances. All of these laws affect our everyday life. We must know what our state laws are, so we do not have to face the consequences of breaking them. When you break the law or laws you face the chance of receiving a citation or going to jail. During the first week of school I also went over the Ten Commandments. These laws are still relevant today. In fact, our constitution was founded on these laws. God wants us to also follow the law of the land and obey their law