Civil Law Flashcards
What are the 3 Principles of Justice?
Fairness, Equality and Access.
What is the Aim of Civil Law?
To protect individual’s rights and restore individuals.
What are the 4 methods of Dispute Resolution?
Mediation, Conciliation, Arbitration and Judicial Determination.
What is one positive and one negative for mediation?
Positive - Lawyers can be present.
Negative - Not legally binding.
POJ: Equality
Involves one party being treated the same as another without discrimination.
What is one positive and one negative for Conciliation?
Positive - Conciliator listens to parties and assists in decision-making.
Negative - Not legally binding.
POJ: Access
Parties need to have access to information, support, and assistance in order to have civil rights protected.
How is Fairness maintained in the civil system?
- Defendant given full details of the claim
- Plaintiff and defendant have the right to be advised and represented.
- Alternative methods of dispute resolution such as mediation and conciliation.
What is one positive and one negative for Arbitration?
Positive - Legally binding.
Negative - The arbitrator can make the decision for the party.
What is one positive and one negative for Judicial Determination?
Positive - Legally binding.
Negative - Expensive and time-consuming.
What is mediation?
Involves a third party (mediator) assisting the disputing parties to determine a solution.
How is equality maintained in the civil system?
- All people should be heard
- All people should have access to the legal system without much difficulty
- All outcomes should be based on law not characteristics of a person
What is conciliation?
Involves an impartial third party (conciliator) assisting the disputing parties and offer suggestions. Conciliators have specialist knowledge on the area of law.
What is Arbitration?
Involves an impartial third party (arbitrator) listening to the disputing parties and helping to reach a decision. If none is reached, the arbitrator can make a LEGALLY-BINDING decision for them.
When did VCAT commence operation?
1st July 1998
How is Access maintained in the civil system?
- Court hierarchy
- Complaint bodies
- Specialized, efficient, effective tribunals
- Existence of different methods of dispute resolution
What are the five VCAT divisions?
- Civil Division (disputes between parties)
- Administrative Division (disputes between a party and government body)
- Human Rights Division (matters such as discrimination)
- Residential Tenancies Division (disputes between landlords and tenants)
- Planning and Environment Division (reviews decisions made by local councils and other authorities)
What is Judicial Determination?
The traditional method of dispute resolution in court. Both parties present their case before an independent, impartial third party (judge; magistrate). All decisions here are legally binding. It is the last resort, but it is expensive and time-consuming.
What is VCAT’S structure?
- President: Supreme Court Judge
- Vice-presidents: County Court judges
- Deputy presidents: Oversee the operation of distinct divisions
- Senior members and ordinary members: Resolve disputes
What is the role of a solicitor?
Does the “grunt work” for the barrister; Gathers evidence for the case, speaks to the client and clarify issues. They then pass off their work to the barrister.
Role of Complaints Bodies
Assist individuals who have complaints about goods, services, or a company.
What is the role of a barrister?
To present the case prepared by the solicitor to the court.
What is the role of courts?
To determine the liability of a party, and to what extent they are liable. They also must decide on a remedy if required.
How many jurors are in a Civil Jury?
Six jurors
What is the role of a Civil jury?
To decide on the balance of probabilities if the plaintiff proved the wrong doing of the defendant.
They can also decide on amount of damages awarded.
Is a Civil Jury optional?
Yes. (They are also rare in civil trials)
What is the purpose of remedies?
A way in which a court can right the wrong that has occurred to the plaintiff
What are Damages?
A remedy that is an amount of money to be paid
What are injunctions?
A remedy that is a court order to stop or complete an action
What are the two types of injunctions?
Mandatory injunction (compel an action)
Restrictive injunction (prevent an action)
