scholarly journals The Civil Justice System and the Public: Highlights of the Alberta Pilot

1969 ◽  
pp. 803
Author(s):  
Lois Gander ◽  
Diana Lowe ◽  
Mary Stratton
Keyword(s):  
Justice System ◽  
Civil Justice ◽  
University Of Alberta ◽  
The Public ◽  
Court Administration ◽  
Research Questions ◽  
Research Alliance ◽  
The University ◽  
Civil Justice System ◽  
Improve Access

In 1999, the Canadian Forum on Civil Justice initialed the "Civil Justice System and the Public," a research program designed to study the state of communication between the civil justice system and the public and to develop practices to improve communication so that the public can become more involved in civil justice reform. The goal of the project is to make specific and clear recommendations for effective change that will ultimately improve access to the civil justice system by increasing the ability of the system to hear, involve and respond to the public. Researchers from the Canadian Forum on Civil Justice and the University of Alberta are joined by partners from across Canada in academia, the judiciary; the legal profession, court administration, public legal education agencies, community organizations, private consultants and the public in a collaborative and multidisciplinary research alliance. The extensive partnership and our collaborative approach to the research are key to our "action research " design, which involves our partners in the drafting of research questions, data collection, analysis and dissemination. Through the active and engaged participation of our partners, our findings are broadly known, understood and acted upon, ensuring that change is promoted through the process of conducting the research itself. This article outlines the major features of the study and the findings, recommendations and conclusions arising out of the pilot study conducted in Alberta.

A comparative analysis of the criminal and civil justice systems in England and Wales

2017 ◽  
Author(s):  
Matthew R. Smith
Keyword(s):  
Justice System ◽  
Economic Viability ◽  
Fundamental Change ◽  
Credit Crisis ◽  
Civil Justice ◽  
England And Wales ◽  
The Public ◽  
International Credit ◽  
Justice Systems ◽  
Civil Justice System

This Chapter explores the current criminal and civil justice systems in England and Wales and compares their accessibility to the public, their value for money and their overall viability. The international credit crisis resulted in government cuts and streamlining has produced an appetite to reduce criminal and civil litigation. In the criminal justice system, fewer cases are prosecuted whilst in the civil justice system; there is a desire to deter litigation by a number of measures. This Chapter argues that this philosophy is detrimental to both systems resulting in the reduction of genuine litigation thereby rendering the accessibility to both systems difficult and unfair. Whilst their economic viability might appear to be sound, this Chapter maintains that overall they are not economically viable and there needs to be a fundamental change in philosophy and approach.

The Role of Health and Safety Evidence in Regulation and the Civil Justice System: Preserving Protection of the Public

2014 ◽  
Author(s):  
Emily Hammond ◽  
Thomas Owen McGarity ◽  
Noah Sachs ◽  
Sidney A. Shapiro ◽  
Wendy E. Wagner ◽  
...  
Keyword(s):  
Justice System ◽  
Health And Safety ◽  
Civil Justice ◽  
The Public ◽  
Civil Justice System

Affirmative Action and Aboriginal Government: The Case for Legal Education in Nunavut

1999 ◽  
Vol 14 (2) ◽  
pp. 21-75 ◽  
Author(s):  
Kelly Gallagher-Mackay
Keyword(s):  
Justice System ◽  
Critical Mass ◽  
Legal Education ◽  
Law School ◽  
Law Schools ◽  
Disadvantaged Communities ◽  
The Public ◽  
Education Gap ◽  
The University ◽  
And Training

AbstractThe Nunavut Land Claim Agreement commits federal and territorial governments to the recruitment and training of Inuit for positions throughout government. In the justice sector, there is currently a major shortage of Inuit lawyers or future judges. However, there also appears to be a fundamental mismatch between what existing law schools offer and what Inuit students are prepared to accept. A northern-based law school might remedy some of these problems. However, support for a law school requires un-thinking certain key tenets of legal education as we know it in Canada. In particular, it may require a step outside the university-based law school system. Universities appear to be accepted as the exclusive guardian of the concept of academic standards. Admission standards, in particular, serve as both a positivist technology of exclusion, and a political rationale for the persistence of majoritarian institutions as the major means of training members of disadvantaged communities. Distinctive institutions – eventually working with university-based law schools – have the potential to help bridge the education gap between Inuit and other Canadians. In so doing, they have the potential to train a critical mass of Inuit to meaningfully adapt the justice system to become a pillar of the public government in the Inuit homeland of Nunavut.

scholarly journals The new Civil Procedure Rules. 1. The process of dispute resolution and litigation

2000 ◽  
Vol 6 (2) ◽  
pp. 153-158 ◽  
Author(s):  
Keith Rix
Keyword(s):  
Dispute Resolution ◽  
Justice System ◽  
Expert Witness ◽  
Civil Procedure ◽  
Previous Article ◽  
Civil Justice ◽  
England And Wales ◽  
Key Points ◽  
Civil Justice System

In the second of my previous two articles on the role of the expert witness, I anticipated the implementation of Lord Woolf's proposed reforms to the civil justice system in England and Wales (Rix, 1999). These changes came into effect on 26 April 1999 and they represent the most radical changes to the civil justice system for a hundred years. In the previous article, it was not possible to do more than list a few of the key points relevant to experts. The purpose of this article is to describe the changes in detail and show how they will, or can be expected to, affect the role of the expert.

Referral fees – the business of access to justice

Legal Studies ◽  
2012 ◽  
Vol 32 (1) ◽  
pp. 109-131 ◽  
Author(s):  
Andrew Higgins
Keyword(s):  
Justice System ◽  
Public Funding ◽  
Legal Rights ◽  
Access To Justice ◽  
Legal Services ◽  
Civil Justice ◽  
Better Regulation ◽  
The Government ◽  
The Right ◽  
Civil Justice System

The paper examines the controversial issue of referral fees for personal injury claims. It looks at the function of referral fees in the civil justice system, their relationship to the guarantees of access to court and the right to seek legal assistance in ECHR Art 6, and the debate about promoting access to justice or a litigious society. It examines the experience of the referral fees market in England and Wales, where the costs of referrals have risen dramatically and there is concern that referrers are auctioning their customers to the highest bidder rather than helping them find competent lawyers. Sir Rupert Jackson recommended banning referral fees in his report on the costs of civil litigation, and the Government has announced it will implement this recommendation. The paper considers the potential effects of a ban on competition in the legal services market and its compatibility with UK and EU competition law. The paper argues that a combination of better regulation of the industry and proper regulation of costs rules is a better and more proportionate way of controlling legal costs and the quality of legal services than an outright ban. While referral fees have not delivered all the benefits one would expect from a for-profit independent referrals service, they can help people obtain information about their legal rights, and competent lawyers to enforce them. This service is particularly valuable given that the state has substantially cut public funding of the civil justice system in recent years.

Lay Expectations of the Civil Justice System

1988 ◽  
Vol 22 (1) ◽  
pp. 137 ◽  
Author(s):  
William M. O'Barr ◽  
John M. Conley
Keyword(s):  
Justice System ◽  
Civil Justice ◽  
Civil Justice System

scholarly journals The American medical liability system: An alliance between legal and medical professionals can promote patient safety and be cost effective

2013 ◽  
Vol 2 (3) ◽  
pp. 97
Author(s):  
Steven E. Pegalis
Keyword(s):  
Patient Safety ◽  
Justice System ◽  
Cost Effective ◽  
The United States ◽  
Medical Liability ◽  
Legal Rights ◽  
Medical Professionals ◽  
Civil Justice ◽  
Culture Of Safety ◽  
Civil Justice System

Objective: The aim of this paper is to evaluate a hypothesis premised on the idea that if medical leaders in the United States support an unfettered access for patients injured by medical error to the American civil justice system, that approach would improve patient safety and be cost effective. Method: An analysis of the relevant legal and medical literature. Results: Medical liability in the American civil justice system derived from traditional tort law is based on accountability. Reforms applied to medical liability cases urged by healthcare providers limit and in some cases eliminate legal rights of patients injured by healthcare error which rights exist for all others in non-medical cases. Yet medical liability cases have promoted a culture of safety. Information learned from medical liability cases has been used to make care safer with a reduced incidence of adverse outcomes and lower costs. A just culture of safety can limit provider emotional stress. Using the external pressures to reduce the incidence of law suits and promoting ethical mandates to be safer and disclose the truth can promote provider satisfaction. Conclusions: An alliance between legal and medical professionals on the common ground of respect for the due process legal rights of patients in the American system of justice and the need for accountability can make care safer and can be cost effective.

Sign in / Sign up

Export Citation Format

Share Document