Aos 2 Assesment Task 2

Question 1

What challenges do parties have on potential jurors

Answer 1

Peremptory challenge- challenge without reason (2 per party)

Challenge for cause-challenge with reason (unlimited amount)

Question 2

Role of civil jury

Answer 2

Listen to arguments and evidence presented by counsel for plaintiff and defendant
Having received judges charge jury will retire
Consider case and ultimately determine a verdict
In some matters a civil jury will also assess damages but not in defamation

Question 3

Positives and negative of civil jury

Answer 3

Positives
Reflects community standards
Community participation
Random cross section of society

Negatives
Complexity
Costs and delays
Not truely a random cross section

Question 4

Purpose or civil remedies

Answer 4

Restore infringed party to position in prior to infringement

Question 5

Types of damages

Answer 5

Compensatory damages- specific, general and aggravated

Specific- can be calculated exactly, cover loss of wages and medical expenses

General- cannot be calculated exactly and will cover pain and suffering and loss of future earnings

Aggravated damages- awarded in cases of humiliation and insult

Nominal damages-breach of rights but not great loss

Contemptuous damages- awarded if court finds for plaintiff but disproves of actions

Question 6

Evaluate damages

Answer 6

Fulfill purposes of civil remedies to extent
Able to fully restore individual financially as any particular financial loss can be calculated exactly
Impossible to fully compensate loss such as loss limb or psychological suffering and can never be fully restored

Question 7

Difficulties faced by aboriginal and torostrait island people
And case example

Answer 7

Do not access civil remedies
Lack of awareness
Distrust of legal system due to previous negative experiences
Formality of LS system and seriousness
GunnerVCubillo aboriginal sought damages for impact of being removed from home

Question 8

difficulties faced by regional remote rural communities

Answer 8

Legal and related services difficult to access- do not exist or inadequately funded and unable to meet clients needs
limited choice of soliciter with insufficient services and practitioners in RRR areas
more prone to public knowledge
rural practitioners have hard time

Question 9

difficulties faced by low socio economic people

Answer 9

problems in employment law-employment-unfair dismissal, family law, money-debt-insolvency, personal injury,

Question 10

difficulties faced by young people

Answer 10

youth law Australia, under 18 needs litigation guardian to sue (adult with a lawyer to help case)
being involved with case=time consuming, expensive and confusing

Question 11

what is youth law Australia

Answer 11

A community legal service dedicated to helping children and young people, providing Australians with free legal information and knowledge

Question 12

outline court process

Answer 12

Initiating processes- You will receive a document (writ+statement of claim)

Trial-if neither party decides to end case earlier both parties will have to present case to judge

Judgement-The judge will make a legally binding decision and will notify both parties of the outcome