Difficulties In Accessing The Law Essay
1)Identify some of the difficulties which people have in accessing the law.
Not everyone has a chance to enforce their rights in Australia 's legal system, because they have difficulty in accessing the law. This lack of access to the law may be a result of barriers such as cost, time, education and procedure, language, and geographical location. These barriers often discourage people from initiating legal proceedings.
The cost of legal advice, assistance and representation can be so high that a person may decide not to enforce their rights. This means that one 's ability to exercise legal rights is affected by one 's financial situation. The cost of legal advice may not be a problem for the rich but may be prohibitive for the poor. The most …show more content…
disadvantaged is the middle classes who aren 't available Legal Aid and who may not be able to afford the prohibitive legal costs. Legal Aid helps many people who cannot afford the costs, however funding is limited and do not cover civil law matters.
Covering your own legal costs is not the only issue that needs to be taken into account when initiating legal proceedings. If one loses their case, they are also liable for the legal costs of the winning party. Families who have trouble in accessing family courts can solve their problems through mediation. In mediation, a neutral third party helps to resolve a legal dispute between two parties. A legal system that is not affordable is not accessible.
Another barrier to equal access to the law is the prospect of a lengthy trial. Some people such as single mothers do not have the time or financial resources to attend trials that drag on for a long period of time. Also, the longer a trial is, the more chance there is of unfair treatment. Not only does the prospect of a lengthy trial discourage people from accessing the law, but the long wait for your case to be heard in the first place, also puts people off from getting justice served. It would therefore take years to receive compensation, time that many, don 't have, or aren 't willing to wait around for.
Education is one of the most important barriers that is needed to be overcomed in order for everyone to have equal access to the law. Statistics show that the higher level of education received by a prisoner, the lower the likelihood that he or she will be detained. The facts are interesting to study. In 2003,•More than ¾ of the adult prisoners in Western Australia have received only a primary school education.
•Only 2% of prisoners have finished high school.
•60% of all prisoners in Australia had not completed year 10.
•10% of the total prisoner population was illiterate and innumerate.
•40% of prisoners were long term unemployedThese figures further prove the point that an education is one of the most valuable assets an individual can have in society, especially when they are confronted with the highly complicated legal system.
Those who are educated, are more aware of the law and their legal rights and obligations as well as knowing the legal proceedings needed to enforce those rights. Those who are educated have a much better idea where to start and the appropriate channels for assistance.
In the first place, many people don 't even realize that they have a legal problem. This is often because they do not even understand their legal rights. It is often difficult to find out what laws apply to a particular situation, where to find those laws and how to research a problem. The ordinary person usually has no way of knowing where to start looking for information regarding the law.
The legal terminology may also be difficult to understand, which discourages people from accessing the law. Often the application forms require the applicant to possess a certain level or education in order for them to be completed. Though, there are sources and programs available, many people don 't even now they exist. Further, legal institutions and administrative systems are often difficult to contact by telephone as well as being geographically difficult to reach. Therefore education is the barrier that has most affect on a person 's ability to access the
law.
Language is also a barrier that may prevent people from accessing the law. The Australian legal system is almost entirely based upon the English language. This means that those who do not know adequate English, like the migrants in "Exploitation of skilled migrants exposed", will have great difficulties when faced with legal issues. They would be entirely reliant on the translation provided by the court to facilitate fair treatment, and this service is not usually available.
A person 's geographical location can also reduce their ability to access the legal system. If you live far away from the courts, this will hinder you in gaining access to the law. To get access to the courts and legal advice, those living far away would have to move closer to the courts, leaving behind their jobs while they are attending the trial. This often discourages people from accessing the law, because there is a chance that you won 't win the trial, which results in financial difficulties.
Bibliography:Commerce.dot.com- kleeman
Not everyone has a chance to enforce their rights in Australia 's legal system, because they have difficulty in accessing the law. This lack of access to the law may be a result of barriers such as cost, time, education and procedure, language, and geographical location. These barriers often discourage people from initiating legal proceedings.
The cost of legal advice, assistance and representation can be so high that a person may decide not to enforce their rights. This means that one 's ability to exercise legal rights is affected by one 's financial situation. The cost of legal advice may not be a problem for the rich but may be prohibitive for the poor. The most …show more content…
disadvantaged is the middle classes who aren 't available Legal Aid and who may not be able to afford the prohibitive legal costs. Legal Aid helps many people who cannot afford the costs, however funding is limited and do not cover civil law matters.
Covering your own legal costs is not the only issue that needs to be taken into account when initiating legal proceedings. If one loses their case, they are also liable for the legal costs of the winning party. Families who have trouble in accessing family courts can solve their problems through mediation. In mediation, a neutral third party helps to resolve a legal dispute between two parties. A legal system that is not affordable is not accessible.
Another barrier to equal access to the law is the prospect of a lengthy trial. Some people such as single mothers do not have the time or financial resources to attend trials that drag on for a long period of time. Also, the longer a trial is, the more chance there is of unfair treatment. Not only does the prospect of a lengthy trial discourage people from accessing the law, but the long wait for your case to be heard in the first place, also puts people off from getting justice served. It would therefore take years to receive compensation, time that many, don 't have, or aren 't willing to wait around for.
Education is one of the most important barriers that is needed to be overcomed in order for everyone to have equal access to the law. Statistics show that the higher level of education received by a prisoner, the lower the likelihood that he or she will be detained. The facts are interesting to study. In 2003,•More than ¾ of the adult prisoners in Western Australia have received only a primary school education.
•Only 2% of prisoners have finished high school.
•60% of all prisoners in Australia had not completed year 10.
•10% of the total prisoner population was illiterate and innumerate.
•40% of prisoners were long term unemployedThese figures further prove the point that an education is one of the most valuable assets an individual can have in society, especially when they are confronted with the highly complicated legal system.
Those who are educated, are more aware of the law and their legal rights and obligations as well as knowing the legal proceedings needed to enforce those rights. Those who are educated have a much better idea where to start and the appropriate channels for assistance.
In the first place, many people don 't even realize that they have a legal problem. This is often because they do not even understand their legal rights. It is often difficult to find out what laws apply to a particular situation, where to find those laws and how to research a problem. The ordinary person usually has no way of knowing where to start looking for information regarding the law.
The legal terminology may also be difficult to understand, which discourages people from accessing the law. Often the application forms require the applicant to possess a certain level or education in order for them to be completed. Though, there are sources and programs available, many people don 't even now they exist. Further, legal institutions and administrative systems are often difficult to contact by telephone as well as being geographically difficult to reach. Therefore education is the barrier that has most affect on a person 's ability to access the
law.
Language is also a barrier that may prevent people from accessing the law. The Australian legal system is almost entirely based upon the English language. This means that those who do not know adequate English, like the migrants in "Exploitation of skilled migrants exposed", will have great difficulties when faced with legal issues. They would be entirely reliant on the translation provided by the court to facilitate fair treatment, and this service is not usually available.
A person 's geographical location can also reduce their ability to access the legal system. If you live far away from the courts, this will hinder you in gaining access to the law. To get access to the courts and legal advice, those living far away would have to move closer to the courts, leaving behind their jobs while they are attending the trial. This often discourages people from accessing the law, because there is a chance that you won 't win the trial, which results in financial difficulties.
Bibliography:Commerce.dot.com- kleeman