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7.7
U3AOS2 - Legal Practitioners
| Question | Answer |
|---|---|
| What is the role of legal practitioners in a civil dispute? | Legal practitioners prepare and conduct a case on behalf of the parties, ensuring that the best possible case is presented and the rule of law is upheld. |
| Why is legal representation often necessary in civil trials? | Because legal practitioners are experienced in the civil justice system and know how to present evidence and cross-examine witnesses effectively. |
| How do legal practitioners help achieve fairness in a civil trial? | By presenting the client’s case clearly, cross-examining witnesses, and ensuring that the trial is conducted according to law. |
| Why might a party struggle without legal representation? | They may be too emotionally involved or lack the skill to effectively present their case and challenge the other side’s arguments. |
| Why is objectivity important in a civil case? | Legal practitioners can view the case impartially, helping clients make decisions based on strengths and weaknesses instead of emotion. |
| What happens if one party is better represented than the other? | The better-represented party may have a higher chance of success due to superior preparation and case presentation. |
| Why is it harder to get legal aid in civil matters? | Legal aid is often reserved for criminal and family law matters, and VLA cannot cover all civil cases. |
| What is the role of CLCs in civil disputes? | Community Legal Centres may provide limited legal assistance depending on their capacity. |
| Are legal practitioners required in all civil dispute resolution methods? | No, some methods like VCAT and mediation may not require lawyers, especially in small or straightforward matters. |
| What are the strengths of using legal practitioners? | They are experts in civil law, help navigate complex procedures, and improve case outcomes through clear, structured arguments. |
| What tasks do legal practitioners handle in court? | Opening and closing addresses, examining witnesses, and defending against the other party’s applications. |
| How do legal practitioners help with decision-making? | They bring objectivity and experience, helping clients see weaknesses in their case and decide whether to settle. |
| How can legal practitioners prevent delays? | By efficiently guiding the process, avoiding time lost due to misunderstandings or confusion, especially for self-represented parties. |
| What is a key weakness of legal practitioners in civil cases? | Not all lawyers have the same level of experience or skill, which can affect the quality of representation. |
| Why might people not use legal practitioners? | Legal fees can be very high, and some people cannot afford a lawyer. |
| What are risks for self-represented parties? | They may lack the knowledge, skills, or objectivity needed, and can be overwhelmed by the process. |
| What happens if a self-represented party loses? | They may be ordered to pay the legal costs of the other party, causing significant financial strain. |
| Why is it important to have documents handled properly? | Poorly prepared legal documents can weaken a case or cause key evidence to be excluded. |
| What kind of support can legal practitioners provide? | Emotional and procedural support, helping clients feel less isolated and more confident during the trial. |
| What is an affidavit? | A sworn written statement used as evidence in court. |
| What is a subpoena? | A document that orders a person to attend court or produce documents as evidence. |
| What are five key reasons legal practitioners are needed? | To give legal advice, present evidence, provide objectivity, give support, and ensure documents are handled properly. |
| What happens if clients don’t receive proper legal advice? | They may not understand their rights or how to best argue their case, reducing their chance of a fair outcome. |
| How does legal representation promote access? | It allows individuals to understand and engage with the civil justice system more effectively. |
| How does legal representation promote fairness? | By ensuring both sides are equally equipped to argue their case, reducing the risk of bias or imbalance. |
| How does legal representation promote equality? | It helps level the playing field between parties, especially when one side has more legal knowledge or resources. |
Created by:
nandistudies
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