Chapter 12 - Remedies Flashcards
fairness
one of the principles of justice; in VCE Legal Studies, fairness means all people can participate in the justice system and its processes should be impartial and open
bias
a prejudice or lack of objectivity in relation to one person or group
apprehended bias
a situation in which a fair-minded lay observer might reasonably believe that the person hearing or deciding a case (e.g. a judge or magistrate) might not bring an impartial mind to the case
court judgement
a statement by the judge that outlines the decision of the court and the legal reasoning behind the decision
mediation
a method of dispute resolution that uses an independent third party (the mediator) to help the disputing parties reach a decision
evidence
information, documents and other materials used to prove the facts in a legal case
cross-examination
the questioning of a witness called by the other side in a legal case
equality
one of the principles of justice; in VCE Legal Studies, equality means people should be treated in the same way, but if the same treatment causes disparity or disadvantage, adequate measures should be implemented to allow all to engage with the justice system without disparity or disadvantage
disparity
a situation in which two or more things or people are not equal, and the inequality causes unfairness
attribute
a quality, feature or characteristic of a person, such as race, gender identity, physical features or disability
access
one of the principles of justice; in VCE Legal Studies, access means that all people should be able to engage with the justice system and its processes on an informed basis
Victoria Legal Aid (VLA)
a government agency that provides free legal advice to all members of the community and low-cost or no-cost legal representation to some people who cannot afford a lawyer
legal aid
legal advice, education or information about the law and the provision of legal services (including legal assistance and representation)
community legal centre (CLC)
an independent community organisation that provides free legal services to people who are unable to pay for those services. Some are generalist CLCs and some are specialist CLCs
alternative dispute resolution methods
ways of resolving or settling civil disputes without having a court or tribunal hearing (e.g. mediation, conciliation and arbitration; also known as appropriate dispute resolution)
mediator
an independent third party who does not interfere or persuade but helps the parties in a mediation as they try to reach a settlement of the matter.
terms of settlement
a document that sets out the terms on which the parties agree to resolve their dispute
conciliation
a method of dispute resolution that uses an independent third party (i.e. a conciliator) to help the disputing parties reach a resolution
conciliator
the independent third party in a conciliation, who helps the parties reach an agreement that ends with the dispute between them. The conciliator can make suggestions and offer advice to assist in finding mutually acceptable resolution, but the parties reach the decision themselves
compulsory conference
a confidential meeting between the parties involved in a dispute (in the presence of an independent third party) to discuss the ways to resolve their differences and explore possible resolutions
arbitration
a method of dispute resolution in which an independent person (an arbitrator) is appointed to listen to both sides of a dispute and to make a decision that is legally binding on the parties. The decision is known as an arbitral award
arbitrator
the independent third party appointed to settle a dispute during arbitration. Arbitrators have specialised expertise in particular kinds of disputes and make decisions that are legally binding. The decision in known as an arbitral award
arbitral award
a legally binding decision made in arbitration by an arbitrator
tribunal
a dispute resolution body that resolves civil disputes and is intended to be a less costly, more informal and faster way to resolve disputes than courts
tribunal
a dispute resolution body that resolves civil disputes and is intended to be a less costly, more informal and faster way to resolve disputes than courts
ombudsman
an office holder with power to investigate and report on complaints relating to administrative action taken by government departments and other authorities and bodies
complaints
an organisation established by parliament to resolve formal grievances (i.e. complaints) made by an individual about the conduct of another party
class action
a legal proceeding in which a group of seven or more people who have a claim against the same person based on similar or related facts bring that claim to court in the name of one person; also called a representative proceeding or a group proceeding
Victorian Civil and Administrative Tribunal (VCAT)
a tribunal that deals with disputes relating to a range of civil issues heard by various lists (sections), such as the Human Rights List, the Civil Claims List and the Residential Tenancies List
member
a person who presides over final hearings and compulsory conferences at the Victorian Civil and Administrative Tribunals (VCAT). Members include the VCAT President, vice-presidents, deputy presidents, senior members and ordinary members
general damages
a type of remedy that requires the payment of a sum of money to compensate for loss that cannot easily be quantified (e.g. pain and suffering)
aggravated damages
an amount of money that a defendant may be ordered to pay when a plaintiff has suffered extreme humiliation, embarrassment or insult because of the defendant’s conduct
special damages
an amount of money that one party is ordered to pay to another party to compensate for losses that are easily quantifiable (e.g. medical expenses or loss of wages)
jurisdiction
the lawful authority (or power) of a court, tribunal or other dispute resolution body to decide legal cases
balance of probabilities
the standard of proof in civil disputes. This requires the plaintiff to establish that it is more probable (i.e. likely) than not that their claim is true
counterclaim
a separate claim made by the defendant in response to the plaintiff’s claim (and usually heard at the same time by the court)
case management
a method used by court and tribunals to control the progress of legal cases more effectively and efficiently. Case management generally involves the person presiding over the case (e.g. the judge) making orders and directions in the proceeding (e.g. an order that the parties attend mediation)
directions
instructions given by the court to the parties about time limits and the way a civil proceeding is to be conducted; for example, to file documents with the court or tribunal by a particular date
discovery of documents
a pre-trial procedure which requires the parties to list their documents relevant to the issues in dispute. Copies of the documents are normally provided to the other party
appeal
an application to have a higher court review a ruling (decision)
defamation
a type of tort that involves the action of damaging a person’s personal or professional reputation in the community through the communication of false and untrue statements or information
original jurisdiction
the power of a court to hear a case for the first time (i.e. not on appeal from a lower court)
appellate jurisdiction
the power of a court to hear a case on appeal
Office of Public Prosecutions (OPP)
the Victorian public prosecutions office that prepares and conducts criminal proceedings on behalf of the Director of Public Prosecutions
indictable offence
a serious offence generally heard before a judge and a jury in the County Court or Supreme Court of Victoria
negligence
a type of tort that involves a breach of duty of care, causing loss or harm
duty of care
(in relation to negligence) the legal obligation to be cautious and careful, keeping other people in mind when doing anything that could harm them
jury
an independent group of people chosen at random to determine questions of fact in a trial and reach a decision (i.e. a verdict)
remand
the situation where an accused is kept in custody until their criminal trial can take place
unanimous verdict
a decision where all jury members are in agreement and decide the same way (e.g. they all agree the accused is guilty)
majority verdict
a decision where all but one of the jury members of the jury agree
pro bono
A Latin term meaning for the public good’; a term used to describe legal services that are provided for free (or at a reduced rate)
damages
an amount of money that one party is ordered to pay to another party for loss or harm suffered. It is the most common remedy n a civil claim
compensatory damages
an amount of money awarded to a plaintiff for harm, injury, or other losses suffered. It includes general damages, special damages, and aggravated damages
nominal damages
a small amount of money awarded to confirm that a plaintiff’s rights have been infringed even though the losses were not substantial
lead plaintiff
the person named as the plaintiff in a class action and who represents the group members; also sometimes referred to as the representative plaintiff
contemptuous damages
a very small amount of money awarded to show that even though the plaintiff’s claim succeeded legally, the court disapproves of it in moral terms
injunction
a remedy in the form of a court order requiring the defendant to do something or not to do something. An injunction is designed to prevent a person doing harm (or further harm), or to rectify a wrong
