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Legal > Civil Justice System > Flashcards

Civil Justice System Flashcards

1
Q

Accessorial Liability

A

a way in which a person can be found responsible or liable for the loss or harm suffered to another because they were directly or indirectly involved in causing harm or loss

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2
Q

Balance of Probabilities

A

the standard of proof in civil disputes. it is more than probable that their story is right

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3
Q

Civil Dispute

A

a disagreement between two or more individuals in which one makes a legal claim against the other

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4
Q

Burden of Proof

A

lies with the plaintiff, unless there is a counter claim

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5
Q

Civil law

A

an area of law that defines the rights and responsibilities of individuals and organisations in society and regulates private disputes

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6
Q

Class action

A

a legal proceeding in which a group of people who have a claim based on similar or related facts bring that claim to court in the name of one person

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7
Q

Damages

A

an amount of money that the court orders one party to pay to the other

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8
Q

Defendant

A

a party who is alleged to have breached a civil law and who is being sued by a plaintiff

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9
Q

Group member

A

a member of a group of people who are part of a representative proceeding

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10
Q

Mediation

A

a method of dispute resolution, using an independent third party

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11
Q

Mediator

A

an indépendant third party who does not interfere or persuade but helps the parties in mediation

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12
Q

Negotiation

A

formal discussions between two or more parties in a dispute, aiming to come to an agreement and resolve a dispute

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13
Q

Plaintiff

A

the party who makes the civil claim

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14
Q

Remedy

A

any order made by a court designed to address a civil wrong. Aimed to restore the plaintiff to their original position prior to the breach

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15
Q

Representative Proceedings

A

class action

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16
Q

Sue

A

to take civil action against another person, claiming that they infringed some legal right of the plaintiff

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17
Q

Tribunal

A

a dispute resolution body that resolves civil disputes

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18
Q

Vicarious Liability

A

the legal responsibility of a third party for the wrongful acts of another

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19
Q

Limitation of Actions

A

the restriction on bringing a civil case after the allowed time

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20
Q

Factors to consider before initiating a civil claim

A
  • cost
  • negotiation
  • limitation of actions
  • the scope of liability
  • enforcement issues
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21
Q

Disbursements

A

out of pocket expenses

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22
Q

Costs associated with civil claims

A
  • legal representation
  • court filing fees
  • hearing/trial fees
  • jury costs
  • expert witness fees
  • negotiation fees
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23
Q

Adverse fees

A

the losing party has to pay for both parties court expenses

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24
Q

Enforcement issues

A

Is the defendant financially able to pay?

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25
Q

Alternative Dispute Resolution Methods

A

ways of resolving or settling a civil dispute that do not involve a court or tribunal hearing

26
Q

Arbitration

A

a method of dispute resolution in which an independent person listens to both sides and makes a legally binding decision

27
Q

Case management

A

a method used by the courts and tribunals to control the progress of legal cases more effectively and efficiently.

28
Q

Conciliation

A

a method of dispute resolution which uses an independent third party to help the disputing parties reach a resolution

29
Q

Directions

A

instructions given by the court to the parties about time limits and the way a civil proceeding in to be conducted

30
Q

Expert evidence

A

statements of fact given by an independent expert about an area within there expertise

31
Q

Injunction

A

a remedy in the form of a court to do something or not do something

32
Q

Lay Evidence

A

evidence given by an ordinary person about the facts

33
Q

Pleadings

A

a pre-trial procedure during which documents are filed and exchanged between the plaintiff and defendant and which state the claims and defences

34
Q

Remedy Statement of Claim

A

a document filed by the plaintiff in a civil case to notify the defendant of the nature of the claim, the cause of the claim and remedy sought

35
Q

Statement of claim

A

a document filed by the plaintiff in a civil case to notify the defendant of the nature of the claim, cause of the claim and remedy sought

36
Q

Discovery of documents

A

a pre-trial procedure which requires the parties to list all relevant documents

37
Q

Cross-examination

A

the questioning of a witness called by the other side in a legal case

38
Q

Re-examination

A

a second round of questioning by one party of its own witness, after cross-examination

39
Q

Examination-in-chief

A

the questioning of one’s own witness in court in order to price one’s own case and disprove the opponents case

40
Q

Directions

A

instructions given by there court to the parties about the time limits and way a civil proceeding it to be conducted

41
Q

Hearsay evidence

A

evidence given by a person who did not personally witness the thing that is being stated to the court as true

42
Q

Party control

A

each party in a criminal trial has control over the way the case will run

43
Q

Directions hearing

A

a pre-trial procedure at which the court gives instructions to the parties about the time limits and the way the civil proceeding is to be conducted

44
Q

Purposes of the Civil Justice System

A

enable a person to enforce their legal rights or take action over legal wrongs, determine whether the defendant is liable and award remedies

45
Q

Family Law

A

relationships between parents, children and other family members

46
Q

Defamation

A

saying or publishing material which causes damage to another person’s reputation

47
Q

Trespass

A

someone goes onto another person’s land without permission

48
Q

Breach of contract

A

someone has failed to do something they promised in a legally binding agreement

49
Q

Nuisance

A

claims made by people that have lost enjoyment or use of property

50
Q

Negligence

A

someone owes a duty of care to another and breaches that duty, causing harm or loss

51
Q

Limitation of Actions

A

restriction placed on the time within a civil action can be commenced

52
Q

Consumer Affairs Victoria (CAV)`

A

business unit of the Vic Gov Department of Justice and Regulation

53
Q

CAV purposes

A
  • provides information and guidelines to educate people about consumer affairs
  • dispute resolution body
54
Q

CAV Jurisdiction

A
  • supply of goods and services
  • residential tenancies
  • retirement villages
  • owner’s corporations
55
Q

Victorian Civil and Administrative Tribunal (VCAT)

A

independent dispute resolution body

56
Q

VCAT purpose

A

efficient, low cost alternative to court

57
Q

Purposes of Pre-Trial Procedures

A
  • eliminate the element of surprise
  • clarify claims and defence
  • indirectly encourage alternative settlement options
58
Q

Reasons for Court Hierarchy

A
  • Administrative Convenience

- Appeals

59
Q

Jury

A

six members, rarely used

60
Q

Power to order mediation

A

court orders parties to attend mediation, can happen anytime during proceedings

61
Q

Power to give directions

A

court may give any direction or make any order it considers appropriate at any stage of the proceeding

62
Q

What is a direction?

A

an instruction given by the court to one or more parties, which imposes an obligation on a party to do something by a certain time or specifies how a civil proceeding should be run

Legal (5 decks)

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