Civil Law In Action

Question 1

Children’s court jurisdiction

Answer 1

Family division heads care and protection applications for children under 17
NO APPELATE

Question 2

County court original jursidiction

Answer 2

Unlimited - litigants can choose to have case heard in county or supreme
Option of 6 jurors
More complex cases heard in supreme

Question 3

County court appellate jurisdiction

Answer 3

No appelate unless under specific act

Question 4

Supreme Court (trial division) original jurisdiction

Answer 4

Unlimited

Question 5

Supreme Court (trial division) appellate jurisdiction

Answer 5

Appeals in points of law from mag court and VCAT

Question 6

Supreme (court of appeal) appellate jurisdiction.

Answer 6

With leave on point of law, or question of fact, or amount of damages from a single judge of county court, Supreme Court of VCAT

Question 7

What is mediation? (Alternative dispute resolution method)

Answer 7

If individuals are unable to come to agreement, a third party (mediator) may be required. Encourages parties to make a decision between themselves
Not binding

Question 8

What is conciliation? (ADR method)

Answer 8

Requires a third party who listens to both sides of the story and makes suggestions about resolving the matter

Question 9

What is judicial determination

Answer 9

Resolving disputes through the courts and VCAT. Judges are known as judicial officers. Usually last resort as expensive and time consuming

Question 10

Strengths and weaknesses of judicial determination

Answer 10

S - binding
- a court can set a new precedent

W - more expensive and time consuming
- can be stressful

Question 11

Strenghts and weaknesses of mediation and conciliation

Answer 11

S- conciliator can give advice
- parties can avoid publicity

W - required willingness of both parties
- not binding

Question 12

Strengths and weaknesses of arbitration

Answer 12

S - is binding
- more informal than judicial determination

W - more expensive than med and conc as parties may use legal rep

Question 13

What is arbitration? (ADR method)

Answer 13

third party listens to the parties and tries to help them reach an agreement. If this is not possible, the third party makes a decision

Question 14

What is the purpose of pre trial procedures? (4)

Answer 14

Inform defendant of the case being brought against him/her

• to clarify the issues of dispute
• to encourage out of court settlement
• to provide details about each other’s case

Question 15

What is the letter of demand and who sends it?

Answer 15

Solicitor will send letter of demand to person you think has infringed your rights.
Letter will request early settlement of the matter.
If settlement can’t be reached you can take the matter further

Question 16

What does pleadings stage include?

Answer 16

A writ - prepared by plaintiff, explains action that will be taken against defendant
Statement of claim - gives details of claim made by plaintiff, prepared by plaintiff and attached to writ
Notice of appearance - shows defendant wishes to defend the case

Question 17

What is the discovery stage?

Answer 17

Allows parties to find out further info on matters that remain unclear

Question 18

What are the 4 stages of discovery

Answer 18

Discovery of documents - each side discloses any relative documents
Interrogations - list of questions about the case served by either party on the other
Discovery by oral examination - party may ask court if they can ask other party questions before going to court
Medical examination - either side may ask other to attend one if necessary

Question 19

What are the role of jurors in a civil case? And when are they used

Answer 19

To consider the facts of the case and decide who is most likely in the wrong and decide the level of damages for the plaintiff.
Used mainly in defamation cases but are optional

Question 20

What is the aim of civil remedies?

Answer 20

To restore the party who has suffered to the position they were in before the incident occurred

Question 21

What are the 3 compensatory damages?

Answer 21

Specific damages - compensate for items that can be calculated eg. Loss of wages
General damages - compensate for pain and suffering eg. Loss of enjoyment of life
Aggravated damages - compensate further if court believes plaintiff suffered humiliation and insult

Question 22

What are nominal damages?

Answer 22

Awarded if court believes defendant has infringed plaintiffs rights, but plaintiff didn’t suffer any actual loss. Awards small amount of compensation

Question 23

What are exemplary damages?

Answer 23

Awarded if the defendants actions were so negligent the court wishes to deter others from doing the same

Question 24

What are injunctions?

Answer 24

Civil remedy aimed at stopping someone from doing something or to make someone do something

Question 25

What are restrictive injunctions?

Answer 25

Stops someone from doing something eg. Stop a building being destroyed

Question 26

What are mandatory injunctions?

Answer 26

Compels someone to do something eg. To remove something from their land

Question 27

What are is an attachment of earnings offer? (Enforcement procedure)

Answer 27

Attachment of earnings order - forces the judgment debtors employee to pay the debts at regular intervals out of judgment debtors wages to the judgment creditor

Question 28

What is an attachment of debts order? (Enforcement procedure)

Answer 28

Involves a garnishee (third person) who owes money to the judgement debtor, pays debt directly to judgement creditor

Question 29

What are 3 difficulties that may be faced when trying to access the law?

Answer 29

• people may not be aware of their rights
• a jury may have difficulty understanding evidence
• people feel traumatised by the prospect of persuing a claim

Question 30

What are two avenues of dispute resolution?

Answer 30

VCAT- VCAT has many lists that specialise in hearing different types of civil disputes

Consumer affairs Victoria - helps people who have a consumer dispute

Question 31

Civil jurisdiction of mag court

Answer 31

• Civil disputes up to $100,000
• If less than $10,000 is sought for damages, matter goes to arbitration
  NO APPELLATE