Chapter 22.4 - Legal Disputes

Question 1

Legal dispute

Answer 1

an argument or disagreement between two or more parties that is resolved by the system

Question 2

Criminal Case

Answer 2

A legal dispute in which an individual accused of committing an illegal act that inflicts harm on another individual and/or society, is prosecuted by the government

Question 3

Summary offence

Answer 3

Criminal case, a minor offence heard in the Magistrates’ Court

Question 4

Indictable offence

Answer 4

Criminal case, a serious offence heard in higher courts before a judge and jury

Question 5

Accused

Answer 5

a person who has been charged with committing a crime

Question 6

Magistrate’s Court

Answer 6

the lowest ranked court in the Australian and Victorian court hierarchy, hears a wide range of criminal and civil cases including all summary offences

Question 7

Civil case

Answer 7

a legal dispute between individuals or groups over an alleged breach of individual rights, most common is a negligence case

Question 8

Plaintiff

Answer 8

the party who initiates or commences a civil action against another party

Question 9

Defendant

Answer 9

the person accused of a crime

Question 10

Remedy

Answer 10

an outcome of a civil dispute aimed at restoring the plaintiff, as far as possible, to the position they were in prior to the breach of rights

Question 11

Negligence

Answer 11

a type of civil actions where one party causes harm through failure to uphold a reasonable duty of care to a ‘neighbour’

Question 12

Damages

Answer 12

a civil remedy where the court orders the defendant to pay an amount of money to the plaintiff

Question 13

Defamation

Answer 13

a type of civil action where one party makes false statements that cause another party to lose their reputation

Question 13

Breach of contract

Answer 13

where one individual believes another has failed to carry out the terms of a legally binding contract

Question 14

Burden of Proof

Answer 14

Means who has to prove their case. In a criminal case, the prosecution has to prove the accused is guilty. In a civil case, the plaintiff has to prove that the defendant is wrong.

Question 15

Standard of proof

Answer 15

the level of evidence needed to prove a case. In criminal cases, evidence needs to be very strong, needs to prove the accused is guilty beyond a reasonable doubt. In civil cases, The plaintiff needs to prove their case is more likely to be true than not true.