Chapter 6 Civil Law In Action

Question 1

Appeal

Answer 1

When a party to a dispute heard by a court takes the matter to a higher court to challenge the lower court’s decision.

Question 2

Arbitration

Answer 2

When a third party (the arbitrator) decides a case, but only after he or she has tried to persuade the parties to come to an agreement; the parties usually agree to be bound by the decision of arbitrator.

Question 3

Balance of probabilities

Answer 3

The standard of proof in a civil case.

Question 4

Conciliation

Answer 4

When a third party (the conciliator) helps the parties to a dispute to come to an agreement ; the conciliator may give suggestions about how to resolve the dispute.

Question 5

Judicial determination

Answer 5

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 6

Mediation

Answer 6

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 7

Sue

Answer 7

institute legal proceedings against (a person or institution), typically for redress

Question 8

Original jurisdiction

Answer 8

A power to hear a case for the first time

Question 9

Appellate jurisdiction

Answer 9

The power to review decisions and change outcomes of decisions of lower courts

Question 10

Magistrates court

Answer 10

Minor civil disputes of up to $100 000.

No appellate jurisdiction

Question 11

Children’s court

Answer 11

Hears a range of applications and makes a variety of orders in relation to the protection and care of any person under the age of 17 years.
No appellate jurisdiction

Question 12

County court

Answer 12

Civil claims is unlimited
Does not have appellate jurisdiction except where an Act specifically provides for appeals to be heard in the county court.

Question 13

Supreme Court [Trial Division]

Answer 13

Jurisdiction for civil matters is unlimited.

In civil cases a single judge can hear an appeal on the point of law (appellate jurisdiction)

Question 14

Supreme Court [Court Of Appeal]

Answer 14

In its original jurisdiction hears appeals from county or Supreme Court on points of law, questions of facts or the amount of damages awarded.

Question 15

High court

Answer 15

Original jurisdiction is to hear disputes that arise between states and cases that require interpretation of the constitution
Hears appeals on questions of law and in the interests of the administration of justice