Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Legal studies vce unit 3/4 > ao2 unit 3 > Flashcards

ao2 unit 3 Flashcards

1
Q

Whats an injunction?

A

A court order where a person is ordered to stop and act or making someone do an act. There is a mandatory and restrictive injunction as well as interlocutory.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is a remedy?

A

A remedy recognizes an individuals rights and tries to restore the plaintiff to the place they were before the civil wrong.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Whats an arbitrator?

A

A independent third party and are experts in particular disputes . Which then they make a decision on what the parties are going to do, this is known as an arbitral award.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Whats an conciliator?

A

A independent third party that usually has an expertice in the related problem and help the parties to come to a decision with suggestion and ideas. They cannot impose a legally binding contract.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is a mediator?

A

A independent third party that facilitates the discussion between two parties. The resolution is made by the parties.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What are the alternative dispute resolution methods?

A

Mediation, conciliation and arbitration

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is an adverse costs order?

A

The court order where one party pays the other parties costs.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is a directions hearing?

A

a pre-trial proceeding where the parties are given instruction of the time limits and the way the civil proceeding is to be conducted.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Whats an associate judge?

A

a judical officer in the supreme court of Victoria who has the authority to make order and directions in the pre trial. They have some powers to make final orders in some proceedings.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is the lead plaintiff?

A

is the person who is named the plaintiff in the representative proceeding.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is burden of proof in civil cases?

A

The burden of proof lies with the plaintiff as they initiated the action.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is a counterclaim?

A

A counterclaim is when a defendant makes an claim against the plaintiff in retaliation.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is party control?

A

The power each party has within the case that will decide how the case proceeds.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is the balance of probabilities?

A

The standard of proof that requires the plaintiff of what is more probable than not that their story is the honest truth.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is judgement?

A

When the judge makes an statement that outlines the decision and the reason why for the decision made.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is liability?

A

The legal responsibility for ones act.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What is a civil jury?

A

A civil jury is made up of 6 people, like criminal they are chosen at random to hear evidence and then decide a verdict.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What is a case management?

A

a method used to control the legal process efficiently and effectively.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What is hearsay evidence?

A

When a person gives evidence that has not personally witnessed the thing being stated in court, they say this as it is the truth.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What are damages?

A

The amount of money that a court orders for a party to pay to the other party in a civil claim.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What is re-examination?

A

The second round of questioning by one party of it’s own witness, after the witness had been questioned by the other side.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What is cross-examination?

A

The questioning of the witness called by the other side.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What is the examination-in-chief?

A

The questioning of ones own witness in order to proves ones case and disprove the other party.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What is expert evidence?

A

Evidence that is given by an independent that has expertise within that area.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

What is lay evidence?

A

Evidence given by an normal person about the facts in a dispute.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

What is discovery of documents?

A

The pre-trial procedure that requires both parties to list all of the documents that are related to the case. Copies are provided to the other party.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

What is a defense?

A

Part of the pleadings stage filed by the defendant, it outlines the response to each claims made by the plaintiff in their statement of claim.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

What is statement of claim?

A

A document filed by the plaintiff that states to the defendant the nature of the claim, cause of the claim and the remedy that is being sought.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

What is pleading?

A

The pre trial procedure where documents are filed between the plaintiff and the defendant listing the claims and the defenses used in the dispute.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

What is doctrine of precedent?

A

A common law principle that the decisions of the higher court are binding on the lower courts in the same hierarchy for similar or the same case.

31
Q

What is exclusive jurisdiction?

A

The lawful authority that a court, tribunal or any other dispute resolution body to decide on a legal case excluding the others.

32
Q

What is review jurisdiction?

A

The power of a body to consider a decision made by an authority or agency to confirm or change a decision made.

33
Q

What is an appeal?

A

An application to the higher court to review a ruling made by a lower court.

34
Q

What is fast track mediation and hearing?

A

A type of resolution used for small claims involving goods and services, at VCAT. They do the mediation and hearing in the same day.

35
Q

What is a compulsory conference?

A

A confidential conference between the parties with a third party involved in the dispute to discuss ways to resolve their differences.

36
Q

What is evidence?

A

The facts to present in a legal case.

37
Q

What is court services Victoria?

A

CSV is a independent body that provides to facilitate Victoria’s court and VCAT.

38
Q

What is a complaints body?

A

A organisation established by the parliament to resolve complaints made by one party to the other party.

39
Q

What is a civil dispute?

A

a dispute between one or more people in which then one of the people initiates a legal claim.

40
Q

What is terms of settlement?

A

a document which sets out terms on which parties agree to resolve their dispute.

41
Q

What is VCAT?

A

A tribunal that sees over a range of civil disputes relating to the different sections of the tribunal.

42
Q

What are relevant factors when initiating a civil action.

A

negotiation options
costs
limitation of actions
the scope of liability
enforcement issues

43
Q

What are the negotiation options?

A

This can be any form of a independent 3rd party or even counselling.

44
Q

What are the costs associated?

A

legal representation
disbursements
adverse legal costs

45
Q

What are disbursements?

A

out of pocket expenses or fees incurred apart of a legal case. this can include court fees, mediation fees or even fees for expert witnesses.

46
Q

What are adverse court orders?

A

a court order that requires a party to pay the other party’s costs.

47
Q

What are limitation of actions?

A

the restriction on bringing a civil claim after the allowed time

48
Q

What is scope of liability?

A

Who are the defendants and to what extent are they liable.

49
Q

What is standard of proof?

A

The degree to extent to which the case must be proven by the plaintiff.

50
Q

What is balance of probabilities?

A

The plaintiff is required to prove that their version of events is more likely than not that their version of facts is correct.

51
Q

What is representative proceedings?

A

When a group of people have the same or similar claim against something and come together under one name. This is known as a class action and needs 7 or more people.

52
Q

What is cross examination?

A

The questioning of a witness called by the other side in a legal case.

53
Q

What is a self represented party?

A

Someone who bring the matter to the court and does not have any legal representation.

54
Q

What is fairness?

A

To have a fair process and fair hearing.

55
Q

What is equality?

A

To have equal opportunities and to be equal before the law.

56
Q

What is access?

A

To be able to understand their legal rights and to pursue their case.

57
Q

What is civil law?

A

A area of law that defines the rights and responsibilites of individuals and others in society and regulates private disputes.

58
Q

What are the types of damages?

A

nominal
contemptuous
exemplary
compensatory

59
Q

What are nominal damages?

A

Awarded to the plaintiff in recognition of the civil wrong in order to uphold the plaintiff’s rights but there is no substantial sum.

60
Q

What are contemptuous damages?

A

The plaintiff has the legal right but there is an understanding that it should of not been sought.

61
Q

What are exemplary damages?

A

Awarded when the court or tribunal wants to demonstrate that the defendant has grossly infringed on the plaintiffs rights, this is in order to deter others from doing the same.

62
Q

What is compensatory damages?

A

To compensate the individual for actual/estimated losses incurred which may specific, general
or aggravated.

63
Q

What are specific, general and aggravated damages?

A

s-can be given a precise monetary value
g-assessed by the court of the magnitude of the case and the long term affects.
a-to compensate the plaintiff if they have been humiliated

64
Q

What are restrictive injunction?

A

ordering a person to refrain from doing a certain action

65
Q

What is a mandatory injunction?

A

ordering someone to do a particular act.

66
Q

What is a interlocutory injunction?

A

a temporary injunction that is awarded quickly due to an urgent situation.

67
Q

What are the responsibilities of the judge?

A

To manage the trial
Decide on the admissibility of the evidence.
Attend to jury, if there is one
Determine liability and remedy
Decide on costs

68
Q

What are the responsibilities of the jury?

A

Be objective
Listen and remember evidence
Understand directions and sum it up
Decide the liability and sometimes damages.

69
Q

What are the responsibilities of the parties?

A

Make decisions of the conduct of the case
Discover relevant documents
Comply with overarching obligations

70
Q

What are the responsibilities of legal practitioners?

A

Comply with their duty in court
Make opening and closing addresses
Present case to judge or jury
Comply with overarching obligations

71
Q

What are some recent reforms?

A

Group class order in class actions (2020)
Technological improvements in the legal system (2019)
Expansion of VCAT’s fast track mediation and hearing processes (2019)

72
Q

What are some recommended reforms?

A

Allowing contingency fee agreements
Increased use of case management
Introduction of a National Justice Interpretation Scheme

73
Q

What are factors that can affect our poj?

A

Cost
Time
Accessibility

74
Q

what is CAV

A

they deal with tings related to consumer law and use a conciliator to resolve issues. They are appropriate when its within their jurisdiction, if its likely to be resolved and if they will not deal with a case already solved by VCAT or the court. They deal with residential tenancies, retirement villages, owners corporation, consumer law dealing with trading, goods and motor car dealings.

Legal studies vce unit 3/4 (5 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions