1. Strict rules of evidence and procedure act as barriers to access for parties, and can result in inequality because different parties navigate and manipulate them differently. The rules apply equally to both parties so one party is not advantaged at the expense of the other, but complex rules can be manipulated by experienced parties, and are confusing for inexperienced parties and the jury. Parties do not have equal access to justice when one understands the rules and the other does not. Rules of procedure make sure the trial flows more smoothly and allows parties to plan ahead, as they know what the stages and timetable will be. This gives both the plaintiff and the defendant greater access to justice because they can allocate their funds and resources. However, in order to properly use the procedures, both parties must hire legal representation, and this can cost hundreds of thousands of dollars. Plaintiffs may be discouraged from asserting their rights, and defendants may be unable to defend themselves properly. This reduces access for both parties, and burdens equality if one party cannot afford the same kind of representation.
2. In theory, strict and consistent rules lead to fairness and natural justice; in practice, however, they are too complex and open to manipulation, and they do not achieve fairness. The strict rules for the admissibility and inadmissibility of evidence ensure a fair hearing because all evidence must be relevant, reliable and legally-obtained. Witnesses are only allowed to respond to the questions asked and cannot elaborate, however – this may result in some important evidence not being brought before the court, and reduce the fairness of the hearing. Also, the rules apply equally to both parties so one party is not advantaged at the expense of the other, natural justice is achieved and the umpire can judge the case fairly; in reality, though, complex rules can be manipulated by experienced parties, and are confusing for inexperienced parties and the jury. A fair outcome is impeded, because the reality of these rules prevents a clear picture emerging from each side.