Chapter 6: Civil Law In Action

Question 1

Appeal

Answer 1

When a party to a civil dispute heard in court takes the matter to a higher court to challenge the lower courts decisions.

Question 2

Arbitration

Answer 2

When a third party (the arbitrator) makes a decision (only after they have tried to persuade the parties to come to an agreement. The parties usually agree to be bound by the decision of the arbitrator

Question 3

Standard of proof in a civil case

Answer 3

Balance of probabilities

Question 4

Conciliation

Answer 4

When a third party (the conciliator) helps the parties of a dispute to come to an agreement.
Conciliator may provide advice on how to resolve the dispute.

Question 5

Court hierarchy

Answer 5

Ranking of courts according the seriousness of the matter they deal with.

Question 6

Defendant

Answer 6

The person whom a civil legal action is brought against

Question 7

Judicial determination.

Answer 7

When parties take a legal dispute to court 
for a judicial ruling or VCAT when it 
is presided over by the president or 
vice-president (who are court judges). 
The presiding judicial officer uses 
processes to consider the evidence 
presented by both parties before 
making a binding decision.

Question 8

Jurisdiction

Answer 8

The extent of power or authority of a particular court to hear a case

Question 9

Mediation

Answer 9

When a third party (the mediator) helps the parties to a dispute
to come to an agreement, the mediator
or mediators help the parties maintain
open communication; mediators do not
take sides and will not tell the parties
how to resolve the dispute.

Question 10

Plaintiff

Answer 10

A person bringing a civil
action and who has the burden of
proving the case.

Question 11

Precedent

Answer 11

A court decision that is followed by lower courts in the same hierarchy

Question 12

Sue

Answer 12

Start civil proceedings against another person