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The legal process is a well-developed system of procedures that are followed in order to resolve a dispute that involves the implantation of the law. ... The presumption of innocence of an individual until proven guilty is also another key principle the legal procedure is based on, as this evolves from the English justice system that preserves the rights citizens to a natural justice. The courts are the main legal body that is responsible for upholding the law and ultimately serving ‘justice’, as this is what modern societies expect to happen and rely on to exercise the rights of each individual within society. The judicial system is depended upon to:
• interpret and enforce the laws of the land
• provide citizens and the community with the right to seek legal remedies for wrongs they believe have been committed against them, and
• providing an avenue for citizens to seek legal remedies against wrongs that they believe have been committed against them by their governments
The principle of justice is established on the requirements that the legal system is based on prevailing social values and on fundamental human rights, treats all individuals as equal before the law, ensures that all individuals receive a fair and unbiased hearing as well being able to provide them with access to procedures of dispute settlement. ... These characteristics are to ensure that each participant in the legal process is able to resolve their dispute in a forum that exercises the concepts of an established and unbiased democratic society. ... The notion that the search for the truth is best achieved by the contest between the two parties is central to the idea that both adversaries are ‘rivals’ in the legal process and that a battle will bring the required evidence to the surface. ... Also a breach of a legal contract or agreement by a party can involve the other to initiate a civil conflict. ... The legal costs involved in a civil case are placed upon each party but a successful party may seek to obtain the financial cost as a form of compensation. ...
In effect there are three formal stages in a legal procedure, these are the pre-trial stage where investigation and initiation of the dispute resolution procedure occurs, the actual trial stage where the evidence and opposing arguments are presented as well as the adjudication of the trial, and the post-trial stage is where the adjudication is enforced.
Attorney General Report
Pre-Trial
The adversarial system of trial requires two opposing parties to present their cases in order to prove their case, or defend themselves, and legal representation is necessary and often can play a vital role in the determination of who wins the case. ... Since there are economic factors that exist that can limit ones accountability within the legal process, it addresses the matter of equity within our system in regards to legal representation. Some legal representation can sway a case dramatically by manipulating the situation and depending on the nature of the trial, the evidence. ... Understandably a more qualified professional can use certain skills and a wider knowledge and possibly experience of the legal procedures to their advantage, over possibly someone else with less qualifications or experience. Another aspect concerning the matter of equity within the system is Legal Aid, and the quality of the legal representation provided and offered can be rather far fetched and ‘different’ from well paid representation.
Also a party that has a better understanding of the legal processes, legal rights and the responsibilities of individuals within the legal system can also give an advantage over others on matters such as that concerning evidence and treatment.
Approximate Word count = 2884
Approximate Pages = 11.5
(250 words per page double spaced)
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