6: Effectiveness of cicil pre-trial procedures Flashcards Preview

Legal Studies 3/4 > 6: Effectiveness of cicil pre-trial procedures > Flashcards

Flashcards in 6: Effectiveness of cicil pre-trial procedures Deck (9)
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1

Fair and Unbiased Hearing Pleading Strength:

In an out-of-court settlement is not possible, pleadings allows parties to gain knowledge of the opposing parties' case so they can better prepare and present their case in court.

2

Fair and Unbiased Hearing Discovery Strength:

Reduces element of surprise at trial, and each party ill be on an equal footing.

3

Fair and Unbiased Hearing Pleadings, Discovery and Directions Hearings Weakness:

These pre-trial procedures are very complex, and unrepresented parties can be at a disadvantage

4

Effective access to the legal system Directions Hearings Strength:

Directions hearings encourages an out-of-court settlement through mediation

5

Effective access to the legal system Weakness:

The complexity of pre-trial procedures requires the expertise of lawyers, which can be very expensive

6

Timely Resolution of disputes Pleading and Discovery Strength:

The exchanges of documents can encourage discussion between parties, which could lead to an out-of-court settlement.

7

Timely Resolution of disputes Directions Hearings Strength:

The court can refer matters to mediation.

8

Timely Resolution of disputes Directions Hearings Strength 2:

Sets a timetable for future pre-trial procedures so that the matter can efficiently proceed to trial

9

Timely Resolution of disputes Weakness:

Pre-trial procedures are all complex and time-consuming procedures. These delays are often caused by parties who may not understand the procedures.

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