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1st Legal Problem- The boundary fence dispute

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Introduction

1st Legal Problem- The boundary fence dispute Summary of Legal problem This problem that Alice faces does not seem like a legal problem at all, but instead a common dispute. Alice has raised the issue about the boundary fence being in poor condition to her neighbour Boris, and that she wanted to have it replaced or at least repaired, but Boris refused to even consider paying his share. This is not just a common dispute, but indeed a legal problem. Alice shouldn't have to pay the full price for the repair of a fence which they both share, but instead the costs should be shared between the both of them. But since Boris has refused to pay his share of the repair of the fence, a legal problem has occurred. Description of various sources of legal assistance available to Alice In a dispute such as this, there is not much the law can actually do to solve the problem until all other methods of dealing with the dispute have been tried out. These methods start off from negotiating with the neighbour, through to mediation, which is a process that includes a third party of two mediators to help assist the two parties to reach an agreement between themselves. Mediation is seen as a better alternative than taking a dispute to court simply because of its informality and flexibility. ...read more.

Middle

There are many situations where noise pollution can fall within public health standards but is still irritating for certain residents who live near by, just like Alice. If Alice was not satisfied with the action taken by the police or the Council, she could then take the matter into the Magistrates court and plead her case there, although it would be quite costly and may ruin the relationship she has with Boris. 3rd Legal Problem- Boris behaving in a threatening manner and making obscene comments Summary of legal problem The third problem Alice faced was when she went over to try and negotiate with Boris about Max's barking. Boris behaved in a very threatening manner, making offensive and obscene suggestions. These offensive and obscene suggestions that Boris made is regarded as verbal abuse We are not told what kind of threats Alice was receiving, but assuming that he was threatening to inflict injury on Alice, under The Crimes (Amendment) Act 1985 (Vic.), this is regarded as Assault. These threats which Boris made would have put poor Alice in a position where she was in fear for her safety. But if we assumed that his threats were perhaps not so severe, then it would be classified as being verbal abuse. Description of various sources of legal assistance available to Alice In this problem, Alice would only need the police to assist her, since the problem is so severe. ...read more.

Conclusion

She is irritates by her neighbour's dog's constant barking, and wonders what she can do about it. That is why she goes to a solicitor or legal aid advisor, to find out where she fits in when it comes to the law. She is able to find out and understand her rights when she is advised by a solicitor or legal aid advisor. * Ability to communicate We are not told in the case summary whether or not Alice is able to speak English, but if we assumed that she wasn't able to speak English, she would definitely be at an extreme disadvantage when it comes to the law. This is because the legal system relies so heavily on oral evidence and therefore she would be at a great disadvantage when appearing in court. Some people may even be aware of their rights, but they might have difficulty in communicating their problems in the legal system. To overcome this problem of not being able to communicate properly in the legal system, Alice may need the services of an interpreter, to help get her thoughts across, although it would slow the process down a notch. * Ability to pay for legal assistance The high cost of legal representation can influence a person's decision about whether to take a civil matter to court or not, or whether to abandon a claim. Solicitors are extremely expensive so a good alternative would be legal aid as they are free to use and don't leave a huge dint in your wallet. ...read more.

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