Civil Law

Question 1

Civil Law

Answer 1

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

Question 2

Remedy

Answer 2

Any order made by a court designed to address a civil wrong or breach

Question 3

Plaintiff

Answer 3

The party who makes a legal claim against another person/The person bringing the matter to court

Question 4

Defendant

Answer 4

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

Question 5

Fairness

Answer 5

• Impartial Processes
• Open Processes
• Participation

Question 6

Equality

Answer 6

• Same Treatment
• Different Treatment

Question 7

Access

Answer 7

• Engagement
• Informed Basis

Question 8

Administrative Convenience

Answer 8

Using a hierarchy for courts means that cases can be distributed according to their seriousness and complexity. Less serious and less complex cases are heard in lower courts, while more serious and more complex cases are heard in the higher courts

Question 9

Roles of the Judge and Magistrate

Answer 9

• Act Impartially
• Case Management (before trial or hearing)
• Case Management (during trial or hearing)
• Determine liability and the remedy
• Decide on Costs

Question 10

Roles of the Jury

Answer 10

• Be objective
• Listen to and remember the evidence
• Understand directions and summing up
• Decide on liability and, in some cases, damages

Question 11

Roles of the Parties

Answer 11

• Make decisions about the conduct of the case
• Disclose information to the other party
• Exchange evidence
• Participate in trial

Question 12

Why Lawyers are needed

Answer 12

• Parties may not know how to present their evidence
• A self represented party may be too emotionally invested

Question 13

Legal Practitioners

Answer 13

Legal practitioners usually undertake the role of preparing and conducting a case on behalf on the parties

Question 14

Mediation

Answer 14

Mediation is a method of dispute resolution that uses an independent third party to help the disputing parties reach a resolution
- Courts, VCAT, Private use

Question 15

Conciliation

Answer 15

Conciliation is a method of dispute resolution that uses an independent third party (i.e. a conciliator) to help the disputing parties reach a resolution
- Courts, VCAT, CAV, Private use

Question 16

Arbitration

Answer 16

Arbitration is a method of dispute resolution in which an independent person (an arbitrator) is appointed to listen to both sides of a dispute and make a decision that is legally binding on the parties. The decision is known as an arbitral award
- Courts, VCAT, Private use

Question 17

Class Action

Answer 17

A class action is when seven or more individuals under similar circumstances come together to launch a claim against a single defendant

Question 18

Legal Costs

Answer 18

• Legal Representation
• Engaging expert witnesses and mediators
• Filing and hearing fees
• Using a jury (if a party requests one)

Question 19

Damages

Answer 19

Damages is an amount of money awarded to the plaintiff to be paid by the defendant

Question 20

Types of Compensatory Damages

Answer 20

• Special - Compensate for quantifiable losses (e.g. medical expenses, loss of wages)
• General - Compensate for losses that are not easily quantifiable (e.g. pain and suffering)
• Aggravated - Awarded where the plaintiff suffered humiliation, distress or insult

Question 21

Exemplary Damages

Answer 21

Exemplary damages are a very large amount of money awarded to show strong disapproval of the defendant’s conduct; also called punitive damages

Question 22

Nominal Damages

Answer 22

Nominal damages are a small amount of money awarded to confirm that a plaintiff’s rights have been infringed even though the losses were not substantial

Question 23

Contemptuous Damages

Answer 23

Contemptuous damages are a very small amount of money awarded by a court to show that even though the plaintiff’s claim succeeded legally, the court disapproves of it in moral terms

Question 24

Injunction

Answer 24

A remedy in the form of an order requiring the defendant to do or something or not to do something. An injunction is designed to prevent a person from doing harm, or to rectify some loss