U402 A Court Processes & Procedures

Criminal and Civil (Chapters 11, 8 and 9)

Thomas Fairbanks

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.

• criminal pre-trial procedures and their purposes, including:• bail and remand; • 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;• directions hearings; and• the purposes of these procedures

• the purpose of civil remedies;• types of civil remedies, including damages and injunctions.

Key Skills• define key legal terminology and use it appropriately;• discuss, interpret and analyse legal information;• apply legal principles to relevant cases and issues;• 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;• evaluate the extent to which court processes and procedures

contribute to an effective legal system.

SAC details

•Tuesday 18th August

Elements of an effective legal system (FAT)

• When assessing the effectiveness of the legal system, we need to consider three elements:

• Entitlement to a fair and unbiased hearing

• Effective access to the legal system

• Timely resolution of disputes

Fair Access Timely

F - Fair and unbiased hearing• An effective legal system provides structures and procedures

that facilitate a fair hearing or trial, free from bias.

• People should not be discriminated against when appearing before dispute resolution bodies, and should have an equal opportunity to present their case.

• The court processes, including rules of evidence and procedure, the adversary system and the jury system, should operate so as not to disadvantage either party.

Ensuring a fair and unbiased hearing

• The rules of evidence • Hearsay and opinions excluded

• The rules of procedure • Witnesses are questioned by both sides to bring out the truth

• The right to silence • Accused is not obliged to say anything that might incriminate

• Consistency in sentencing • Sentencing Act 1991 (Vic.) aims to increase consistency in sentencing

• The jury system • Accused is tried by his/her peers – fairer and unbiased

• The adversary system • Both sides battle to win the case on an equal footing

A – Effective Access• All people should be aware of their right to take a matter to a

court, a tribunal or other dispute resolution body, and have equal access to these legal bodies.

• The existence of a hierarchy of courts for both criminal and civil disputes, and the availability of a range of dispute resolution processes for civil disputes with each offering specialised service

• All should have equal access to: • Legal assistance, • Legal advice or • Legal aid

Ensuring a effective access

• Court hierarchy

• Specialist courts – Koori, Children’s, Drug

• Appeals

• Legal Aid Victoria (but limited)

T – Timely Resolution of disputes

• All people should be able to achieve a resolution to a civil case in a timely manner so that any compensation can be paid as quick as possible, and the stress caused by taking a matter to a court or tribunal can be as short as possible.

• Similarly, criminal cases should be resolved in a timely fashion to reduce costs and the distress of not knowing the outcomes.

• The desire to resolve matters quickly, but give both parties adequate time to prepare and prosecute their case – balance

• NOTE: delays in dispute resolution do occur, and remain a significant problem in our legal system.

Ensuring a timely resolution• Court hierarchy • Lower courts can hear minor cases quickly

• Directions hearings • Resolve issues so they do not need to be discussed

during trial

• Committal hearings • Ensure cases where there is insufficient evidence do

not proceed to trial

Criminal pre-trial procedures

• Must know: • Two individual rights • Two police powers • General purpose of criminal pre-trial procedures; • Purpose of bail and remand; • Purpose of committal hearings;

Individual rights • Right to silence • The right to silence ensures the accused does not have to

answer police questioning or testify if committed to stand trial. It is designed to protect the accused from saying anything that may be incriminating. Police must ensure the suspect understands this right; otherwise anything said may be inadmissible at trial.

• Right to contact a lawyer • A person has the right to communicate with a lawyer and

a relative or a friend unless it will result in the escape of an accomplice, or the destruction of evidence. The suspect should be given the opportunity to speak with the lawyer in private, and have the lawyer present during questioning.

Police powers • Arrest without a warrant • In order to arrest a suspect without a warrant,

police must reasonably believe the suspect committed a crime and the arrest is necessary to: preserve public safety, prevent the continuation of the offence and ensure the suspect appears in court.

• Search with a warrant • Police may obtain warrant to search a

premises if they believe the search will disclose stolen goods, evidence of a crime, goods that might be used in a crime, or goods relevant to commission of a crime.

Purpose of criminal pre-trial procedures • assist the police in identifying evidence for the prosecution of the

person or persons suspected of committing the crime under investigation

• protect the rights of the accused and ensure that he or she is treated as innocent until proven guilty

• provide rights to the police to facilitate police investigation • provide an opportunity for the accused to be released pending trial,

although this right may be denied in certain circumstances • determine whether a trial should proceed — that is, if the evidence is

of sufficient weight to support a conviction by a jury at trial • determine if the accused wishes to plead guilty or not guilty — provide

the accused with the opportunity to plead guilty at an early stage and thereby receive a lighter sanction. An early plea is also a benefit to the legal system, because it can reduce the number of trials and speed up the whole process.

Bail and remand • Bail refers to the procedures that enable accused people to be

released from custody after being charged awaiting their hearing or trial.

• Conditions can be specified, and a guarantor (surety) can be required. • A person who has been formally charged can ask to be released on

bail. • After being charged, a defendant can be: • Released on bail • Held in remand until case comes to trial

• Bail is usually granted, unless the defendant is: • A flight risk • A danger to society • In custody for another offence

Purpose of bail

• The purpose of bail is to allow an accused person to go free until the hearing or trial.

• This allows them the best change to prepare their case and puts them on an equal footing with the prosecution.

• Bail also upholds the presumption of innocence.

Purpose of remand

• The purpose of remand is to protect the community against the actions of an accused person the court believes may reoffend, inflict harm, commit further crimes, or fail to appear before the court for justice to be served.

Committal hearings • A committal hearing is held in the Magistrates’ Court prior to a

criminal case going to trial in the County Court or the Supreme Court. The aim of a committal hearing is to: • determine whether a prima facie case exists, that is, whether the

evidence is of sufficient weight to support a conviction by a jury at trial

• clarify the issues prior to attending trial and thereby avoid taking a matter to trial when the evidence is flimsy, saving the time and resources of higher courts.

• allow an early guilty plea, which avoids the time and cost of a trial.

• inform the defendant of all the evidence against them, putting them on an equal footing with the prosecution and allowing them to best prepare their case.

Committal hearings procedure

• Judge examines the ‘hand-up brief’ of evidence (Written evidence, witness statements, et cetera)

• Can hear oral testimony if necessary • Decides whether there is enough evidence to go to trial • If prima facie case is established: • Defendant is committed to trial • Released on bail or held in remand • Evidence collected forms depositions • Presentment is drawn up containing details of the charges against

the accused

Criminal Sanctions

• Need to know:

• general purposes (aims) of criminal sanctions;

• an overview of three types of sanctions and their specific purpose;

Purposes of criminal sanctions

Purposes of

sanctions

Punish

DenunciateRehabilitate

Deter Protect

Punish

• The process of punishment through the courts avoids the need for the victim of a crime to take the matter into their own hands and seek revenge.

• Such action would cause disruption to society.• The punishment given must therefore be appropriate to the

offence committed. • The sanction should be: • Fair to the offender • Appropriate to the offence

Denunciate• Denunciation refers to the disapproval of the court. • A particular punishment may be given to show the community

that the court disapproves of the offender’s conduct.• For example, the judge may give a harsher sentence for a

particularly violent rape and make comment about how the court is showing disapproval of this type of behaviour.

Protect

• In some instances it is necessary to protect the community from the offender.

• In such cases the offender needs to be removed from society (put in prison) to be physically prevented from reoffending.

• Previous wrong-doings can be taken into account when sentencing the offender.

Deter• The sanction should deter the offender or other

people from committing the same or similar offences.

• If people could commit crimes freely without the threat of punishment, law and order would be virtually impossible to maintain.

• Sanctions are therefore aimed at discouraging other people from committing similar crimes. This is known as general deterrence because it is aimed at deterring the general public. Sanctions can also be a specific deterrence in that they can deter the offender from committing the same offence again.

Rehabilitate

• One aim of sanctions is to assist offenders to change their attitudes and be ready to take their place in society.

• This could be by giving a bond or a community-based order to encourage rehabilitation rather than sending offenders to prison.

Types of sanctions & evaluation • Must know three sanctions and be able to evaluate how they

fulfill the aims of sanctions.

• Types of sanctions include:

• Imprisonment• Combined custody and treatment order• Drug treatment order• Home detention• Community correction order• Suspended sentence

• Community based order• Fine

Severity

Custodial

Non-Custodial

Imprisonment

• People who have been convicted of a crime can be sentenced to be detained in jail for a period of time, which means a loss of their freedom and liberty.

Imprisonment Punishes & Protects• Imprisonment is seen as the

sanction of last resort, as it results in a loss of liberty and freedom.

• It removes the offender from society as a punishment for offending against society and as protection for society.

• Having a prison system leads to a safer society because serious criminals are kept out of society.

Imprisonment rehabilitates & denunciates• Imprisonment may lead to rehabilitation because of the

various programs offered to prisoners, but it is more likely to lead to further crimes because of the influence of other prisoners and the difficulty of getting back into a normal life after having spent time in prison.

• Courts can also impose long sentences on offenders by way of showing disapproval of the acts committed (denunciation)

Imprisonment deters• Imprisonment is likely to act as a general deterrence in that

most people would be deterred from committing a crime by the possibility of going to prison.

• It may also act as a specific deterrence in that the offender will not want to go to prison again. However, because they mix with serious criminals while in prison, it may not be very effective as a specific deterrence.

Community Corrections Order (CCO)• A Community Correction Order (CCO) is a flexible order that can have

different conditions applied based on: the circumstances of the offence; the offender’s needs and situation; and the direction of the court.

• A CCO must have at least one condition, based on the risk and needs of the offender and the severity of the offence, including: • supervision • unpaid community work • treatment and rehabilitation • curfews • bans on entering specified areas or places • bans on entering many licensed premises and bans on drinking alcohol in

other licensed premises • bans on contacting or associating with specific people or group • residential restrictions or exclusions relating to the offender’s

accommodation.

CCOs specifically deter, punish, protect & rehabilitate• CCOs fulfill the aims of specific deterrence by restricting the

offender’s freedom. • The offender is prevented from reoffending (protection) as

there are a number of restrictions on their freedom such as doing unpaid community work or attending a compulsory program.

• The offender is given the opportunity for rehabilitation through special counselling and treatment.

• A CCO can also be seen as a fair punishment if it is appropriate to the offence, thus avoiding victims seeking revenge.

Fine• A fine is a monetary penalty paid by the offender to the court. • There is often a prescribed fine for a particular offence

mentioned in the act that establishes the offence. • If the fine is not paid, the offender can go to prison

Fines punish and deter• A fine serves to punish the offender and may act as a specific

deterrence in that the offender may be deterred from reoffending. Members of society may also be deterred (general deterrence) from offending because of the possibility of having to pay a fine.

• However, a fine is unlikely to help in the rehabilitation of an offender. It also does not take the offender out of society by way of protection. A court could give an extremely high fine as a way of denouncing the particular crime. This is showing disapproval of the crime committed.

Evaluation of criminal procedures (FAT)

• Need to consider the extent to which each of the three elements of an effective legal system can be achieved. For each element, consider: • Processes that help achieve the element • Process that hinder achieving the element

Fair and unbiased ~ Bail• Upholds the presumption of innocence and gives accused best

chance to prepare their case. Bail ensures the accused is given the same opportunity as the prosecution.

• However, the accused may be placed in remand even though they haven’t been found guilty. If bail is given too freely, it may lead to accused absconding or causing further harm to community.

Fair and unbiased ~ Rules of evidence & procedure• Apply to both parties and help to protect the accused. Rules of

evidence are designed to ensure both parties are treated equally. Rules of procedure help to ensure the reliability of witnesses and that the truth will emerge.

• However, rules of evidence and procedure may be confusing for the accused. Court may be intimidating for some and may lead to witnesses appearing unreliable which may lead to an unfair result.

Fair and unbiased ~ Resources• Prosecution evidence is gathered by the police who are

experts with considerable resources. On the other hand, the accused will generally have limited resources and expertise. Therefore the parties are on an unequal footing. This may lead to an unfair result.

• However, the burden of proof is on the prosecution.

Fair and unbiased ~ Committal hearings• Committal hearings enable the accused to learn of the case

against them, thereby helping them to prepare their defence. This puts them on an equal footing with the prosecution and should ensure a fair hearing.

• However, committal hearings may actually add to the delays of getting a case to trial, which may reduce the reliability of witnesses. There have been calls to proceed directly to trial and bypass the committal hearing.

Fair and unbiased ~ Role of the judge• The judge in a criminal case acts as an independent and

impartial arbitrator. This ensures the matter is heard by someone who is not biased and can adjudicate in an impartial manner.

• However, as the judge must remain impartial, they are unable to help the parties if they are poorly represented. This may lead to an unfair result and means the judge’s experience and expertise is wasted.

Fair and unbiased ~ Juries• Juries allow a trial by one’s peers. They ensure that the

decision is made by 12 people, not just a single judge. This creates confidence in the legal system and should ensure the decision made is correct.

• However, media coverage of high-profile cases may influence jury members and lead to an unfair result. Jury members may prematurely form opinions of the guilt or innocence of the accused or hold other biases.

Fair and unbiased ~ Police investigation• Police powers of questioning, arrest, searches, and so on, are

balanced against individual rights, such as the right to silence, questioning for only a reasonable period of time, and the right to contact a legal representative, friend or relative. This is done in an attempt to balance rights, and to make sure that people are treated equally and fairly by the police.

• However, people argue that individual rights may result in guilty people going free and that increased police powers may be needed to deal with growing crime rates.

Effective Access ~Courts• These are available for all to use in criminal matters, with

courts in both metropolitan and regional areas. Courts are specialised in terms of the types of cases that they hear. For example, the Magistrates’ Court hears summary or minor criminal cases, while the Supreme Court hears only the most serious criminal offences.

• However, overcrowding of courts may reduce access. In addition, courts are expensive due to high court fees and the need for legal representation which reduces access for those with limited financial means. Distance and transport can reduce access for people in rural areas.

Effective Access ~ Appeals• The system of appeals means that if an incorrect or unfair

decision does appear to have been made in a case, then either party is able to appeal the decision or sentence, provided that they can establish grounds for appeal.

• However, there may be too many appeals in an attempt to delay justice. This can reduce access by using up valuable court resources.

Effective Access ~ Legal Aid• Bodies such as Victoria Legal Aid (VLA) and community legal

centres can offer legal advice and representation to people charged with criminal offences. This ensures everyone can afford to have their case heard.

• However, Legal Aid is limited and if legal aid is increased, this will increase the burden on the taxpayer.

Timely resolution ~ Committal hearings• These ensure that people who have been accused of a crime

do not have to wait a long time for a trial when there is insufficient evidence to support a conviction by a jury at trial.

• This also results in the superior courts not being clogged up with cases that are unlikely to succeed, thereby saving time for the legal system as well.

• The hand-up brief method of committal hearing has resulted in fewer traumas for the accused and victim, because they do not have to go through an open court hearing for the committal; it has also led to more court time being available for other matters.

• However, committal hearing can actually add to delays experienced in some cases by making it take longer to get to trial. Some have called for committals to be abolished.

Timely resolution ~ Directions hearings• These are designed to speed up the process of getting an

accused person to trial and to reduce the length of the trial by having some issues resolved before the trial begins.

• During a directions hearing, the judge will give directions as to how the matter will proceed and will resolve some issues before trial.

• However, an increase in the number of criminal cases being heard by the courts has caused delays. The Supreme and County Courts have longer delays than comparable courts in other states

Timely resolution ~ Time limits

• Criminal Procedure Act 2009 sets time limits at various stages of the criminal process. This is designed to ensure the trial does not drag on unnecessarily.

• However, a lack of court resources has led to some cases being dismissed from the Melbourne Magistrates’ Court due to lack of available police prosecutors.

Conclusion

• While there are a number of problems with criminal procedure, overall it operates effectively and helps to achieve an effective legal system.

Civil pre-trial procedures• Supreme Court civil pre-trial procedures, including: • pleadings, • discovery and • directions hearings

• mediation

Purpose of pre-trial procedures• they inform both parties of information relating to the case — the

plaintiff will find out information relating to the defence, and the defendant will find out information relating to the claim

• the parties determine whether it is worthwhile proceeding with their case

• the parties find out the strengths and weaknesses of each other’s case

• they might lead to an out-of-court settlement negotiated between the parties, meaning the cost, stress and inconvenience of going to court is avoided

• they provide the court with information about the case before it begins, leading to a quicker trial

• they might result in some issues • being conceded by the parties, therefore only those issues in

dispute are heard at trial.

Pleadings• The purpose to of the pleadings is to gain information about the

claim. • They require parties to state the main issues of the case and

compel each party to state the material facts • They give the court a written record of the case • They save court time and expense and can assist an out-of-court

settlement if possible. • The pleadings contain details of the claim by plaintiff and matters

being raised as a defence by the defendant. They include:

• Writ • Notice of appearance • Statement of claim • Statement of defence

Writ• The writ is a formal written document. • The plaintiff will issue a writ against the defendant which

explains the action being taken against them • It informs them in which court the trial will take place and

whether there will be a jury. • The writ is sent to court and a copy served on the defendant

by the plaintiff which indicates the cause of action and remedies sought.

• The filing of a writ signifies commencement of proceedings.

Notice of Appearance

• The defendant must enter a notice of appearance to indicate they will defend the case against them.

Statement of claim

• The plaintiff must enter a statement of claim that explains the nature of the claim; the cause of the claim; and sets out the remedy or relief sought.

• The statement of claim is normally attached to the writ.

Statement of defence

• The defendant enters a statement of defence that sets out a response to each of the allegations contained in the plaintiff’s statement of claim.

• The statement of defence normally either admits or denies the allegations

Discovery• The purpose of discovery is to allow the parties to

get further information about the facts of the case.

• require the parties to disclose all relevant material and documents to the other side

• reduce the element of surprise at trial • ensure all parties have copies of relevant

documents • allow each party to determine the strength of the

other side’s case and determine their likelihood of success

• assist in reaching an out-of-court settlement where appropriate.

Discovery & Pleadings Same Same but Different …

• Pleadings - Purpose is to gain information about the claim

• Discovery - Purpose is to discover details about the facts of the case

Discovery stages

• Interrogatories

• Discovery of documents

• Medical examination / reports

Interrogatories• Either side may serve interrogatories (searching questions

relating to the known facts of the case) on the other party requiring any information that might be useful in evidence.

• Usually a time period, such as 60 days, is set as the deadline by which written responses to the questions must be received by the other party.

• This process saves court time and expense by dealing with matters before going to court and by reducing the element of surprise.

• It can be useful to refer to answers given in the interrogatories during the trial.

Discovery of documents• Either side may ask the other side to disclose any relevant

documents that are or have been in their possession. • This is done by serving a notice of discovery on the other side. • All relevant documents must be disclosed. • Either party can inspect relevant documents • While some documents may be protected by privilege – their

existence must still be disclosed.

Medical examination

• If the plaintiff is claiming damages for bodily injury, the defendant may ask the plaintiff to submit to appropriate examination by a medical expert or experts at specified times and places

• This situation may be reversed if a counterclaim has been made by the defendant.

Directions hearing• A directions hearing is held before a judge or an associate

judge • At the directions hearing, the court may give any direction for

the conduct of the proceeding that it thinks will assist in an effective, complete, prompt and economical determination of the case.

• Most often a directions hearing is used to set a timetable for the future steps to be undertaken by the parties before trial.

• It is at the directions hearing that the parties are often referred to mediation before the case goes to trial.

Purpose of directions hearings

• set a timetable for future steps in the pre-trial proceedings stage

• hear any applications made by the parties prior to going to trial

• establish further orders in the proceedings to ensure an effective, complete, prompt and economical determination of the case

• allocate a date for trial.

Mediation• Mediation is increasingly used as a civil pre-trial procedure. • The Supreme Court Rules state that: at any time during the

pre-trial or trial proceedings, the court may order the matter to be referred to mediation.

• More often than not, a court will order that the parties attend mediation before trial.

• The purpose of mediation is to try to resolve the dispute before trial, reducing the costs and delays of an unnecessary trial. In addition, mediation helps to clarify the issues in dispute, which should save time at trial.

Civil Remedies• A remedy is the desired outcome of a civil trial. It is what the

plaintiff claims as a result of the civil wrong that has occurred. • Purpose of civil remedies • To restore the injured party (plaintiff) to the position they were

in before the harm occurred. • Types of civil remedies • Damages (must know) • Injunctions (must know) • Specific performance • Specific restitution • Costs and interest

Damages• Damages are a sum of money granted to the plaintiff, to be

paid by the defendant, in satisfaction of a claim made by the plaintiff.

• Different types of damages can be sought, including compensatory, exemplary, nominal and contemptuous damages.

• It is compensation for the infringement of their right and is the most common remedy sought.

Compensatory damages• The purpose of compensatory damages is to restore plaintiff

to original position. This might not be possible if there is physical injury.

• Compensatory damages can be:

• Specific damages (precise monetary value)

• General damages (general estimate of loss)

• Aggravated damages (pain and suffering)

Nominal damages

• The purpose of nominal damages is to make a legal point.

• The plaintiff seeks a small amount of money to make a point about legally being in the right

• They are common in defamation cases.

Contemptuous damages

• The purpose of contemptuous damages is to show contempt for plaintiff’s claim – that the plaintiff may be legally right, but not morally.

• Again, they are common in defamation cases.

Exemplary (punitive) damages

• The purpose of exemplary damages is to punish and deter the defendant.

• They are the only civil remedy that seeks to punish the defendant in some way.

• Exemplary damages are used where conduct is wanton or malicious or violent or cruel or insolent or in scornful disregard of the plaintiff’s rights.

Injunctions• The purpose of an injunction is to rectify a situation caused by

the person who was found to be in the wrong. An injunction is a court order that can be either:

• Restrictive/prohibitive • Orders a person to refrain from doing something

• Mandatory • Orders a person to do something

• Injunctions can be: • Interlocutory – temporary (until case is heard) • Perpetual – permanent (after case has been heard)

Evaluation of civil procedures (FAT)• Need to consider the extent to which each of the three

elements of an effective legal system can be achieved. For each element, consider: • Processes that help achieve the element • Process that hinder achieving the element

Fair and unbiased ~ Pre-trial procedures• Pre-trial procedures are designed to ensure all parties have

knowledge of each other’s cases and have access to information and documents relevant to the case. They reduce the element of surprise at trial and ensure both parties are on equal footing

• However, pre-trial procedures are so complex they may disadvantage parties with inferior or no legal representation

Fair and unbiased ~ Role of the judge

• The judge acts as an independent and impartial arbitrator in a civil dispute. They ensure the matter is heard by someone who is not biased and can adjudicate in an impartial manner.

• However, as the judge must remain impartial, they are unable to help the parties if they are poorly represented. This may lead to an unfair result and means the judge’s experience and expertise is wasted

Effective Access ~ Courts

• Courts are able to enforce civil rights. Each court has expertise in its jurisdiction and should ensure that a fair outcome is achieved.

• However, courts are expensive due to high fees and the need for legal representation. This can reduce access for those with limited financial means

Effective Access ~ ADR and tribunals• ADR and tribunals are able to resolve small civil disputes

quickly and cheaply as there is only a nominal fee and generally no need for legal representation. This increases access as more people are able to have their case heard

• However, ADR and tribunals are not suitable for all types of cases or when there is animosity between the parties. Many people are not aware of these alternatives to the court system

Effective Access ~ Complexity of pre-trial procedures

• Pre-trial procedures are often complex and difficult to understand. This makes it difficult for unrepresented litigants who find it difficult to access the legal system to resolve their disputes

Effective Access ~ Delays

• The increased backlog of court cases and extensive pre-trial procedures cause delays. This often deters people from taking cases to court and reduces access to the legal system

Timely resolution ~ Increased litigation• People are increasingly pursuing their rights when they have

been infringed. This places an increased burden on the courts and causes delays which:

• increases the stress in not knowing the outcome and

• increases the costs involved

Timely resolution ~ Pre-trial procedures• The aim of pre-trial procedures is to reduce the time needed

to resolve dispute. Pleadings and discovery provide both parties with opportunity to find out details about the case. These promote an out-of-court settlement or lead to one party deciding not to pursue their case. Directions hearings help to save time in court by clarifying issues before trial

• However, long and protracted pre-trial procedures can lead to delays in resolving a dispute

Timely resolution ~ ADR and tribunals• ADR and tribunals are able to resolve small civil disputes

quickly and cheaply. VCAT is often able to resolve disputes in less than a day. This reduces stress on parties from not knowing the outcome of their case and reduces the burden on the courts.

• However, the matter may not be resolved or appealed to court which will delay resolution and increase costs involved.

Conclusion

• While there are a number of problems with civil procedure, overall it operates effectively and helps to achieve an effective legal system.

End of U402 A