Civil Law In Action Flashcards
Conciliation
The conciliator suggest a solution to the dispute
Mediation
Guides discussion with the parties
Ensures both sides are heard
Encourages parties to reach an outcome
Arbitration
Listens to both sides. Encourages the parties to reach a settlement themselves but if they don’t a binding decision will be made
Judicial determination
Judge or Magistrates listen to both side of the story and ensures rules of evidence and procedure are followed
Advantages of dispute resolution other than judicial determination
Less Money and time
less stressful
Disadvantages dispute resolution other than judicial determination
the decision is not binding except though arbitration
Not suited to all types of personalities
Letter Of Demand
A letter outlining the plaintiffs claim and the remedy sought
Statement of Claim
It contains an outline of what the plaintiff is claiming and a statement of remedy required
Statement of Defence
It contains the defendant version of the facts and is sent to the plaintiff
Interrogatories
Questions that are answered under oath by either side
Discovery of Documents
A demand by either party too see the documents of the other party
Certificate of readiness for trial
a statement singed by both parties, that they are ready to proceed with a trial
Burden of Proof
plaintfiff
Standard of proof
Balance of probabilities
Are Juries necessary in a civil law
optional, Only if a party request for one
Special/Specific damages
A monetary award of damages that can be stated in exact amounts as they are easily measured
general damages
a monetary award that is estimated by the court
Remedy of injuction
A court order for a person to do something or restraining a person from doing something
lack of awareness of rights
The majority of people have very little idea about how and where to begin when faced with a legal dispute
Communication Problems
For varying reason many people would prefer to tolerate a situation of conflict rather than seek help. Indigenous Australians and migrants also have issues understanding our legal system makes it difficult for the people in the courts
Access to legal representation
person who wishes to pursue a civil claim in court must seek legal advice. Legal advice is expensive and a party is disadvantage if they have no legal representation or the opposition is experienced. the playing field may not be level.
Role of jury
To decide in favour of one party or the other
Jurisdiction in the Supreme court & County Court
Unlimited
Jurisdiction in the Magistrate court
100,000 10,000 arbitration
