Focus area 2: Dispute resolution

In their response to selected big questions, students consider the competing tensions. Teachers may choose to develop alternative big questions to frame the units of work, discussion, and inquiry.

Big questions

• What is justice? (Consider: the empowered and the disempowered, competing rights and responsibilities)
• Is justice accessible? (Consider: the empowered and the disempowered)
• Is justice reliant on the abilities of lawyers/interpretation of judges? (Consider: fairness and efficiency)
• Are too many rights afforded to an accused person in the adversarial system of trial? (Consider: competing rights and responsibilities)
• Do common understandings of fairness have a place in the legal system? (Consider: fairness and efficiency)
• Do courts resolve disputes fairly? Fairly for whom? (Consider: fairness and efficiency)
• Is being fair and being lawful the same thing? (Consider: fairness and efficiency)
• Would fairness be better achieved by another justice system? (Consider: fairness and efficiency)
• Are the rules of evidence too strict to allow just outcomes? (Consider: certainty and flexibility)
• Is the adversarial system or inquisitorial system of trial more likely to result in just outcomes? (Consider: fairness and efficiency)
• Should juries be used in the justice system? (Consider: fairness and efficiency)

Students use inquiry questions to focus research, and investigate and analyse adversarial and inquisitorial justice systems. Courts in Australia incorporate features of both systems but are typically more adversarial.

Inquiry questions

• What is the role of the following features of the adversary system, and why are they important?
  • burden and standard of proof
  • rule of law
  • role of the judge
  • role of parties, witnesses, and other participants, including juries
  • rules of evidence and procedure
• How are criminal and civil disputes resolved with and without a trial? 
• What are the key features and principles of criminal and civil law(s)?
• How effective is the adversary system of trial compared with inquisitorial systems?
• How does the adversary system of trial protect the rights of groups and individuals in the community, including Aboriginal and Torres Strait Islanders?