definitions

Question 1

what is a remedy?

Answer 1

a order made by the court to highlight a civil breach, they provide legal solutions.

Question 2

what’s mediation?

Answer 2

a dispute resolution that uses a mediator to reach a solution.

Question 3

what is arbitration?

Answer 3

a dispute resolution that uses a arbitrator to listen to both sides then make a legally binding decision. (arbitral award)

Question 4

what is conciliation?

Answer 4

a dispute resolution that uses a conciliator to help the parties come to a resolution

Question 5

what are injunctions?

Answer 5

an order from the court for a person to prevent from doing harm or to correct the wrong

Question 6

what’s a restrictive injunction?

Answer 6

stops someone from doing something

Question 7

what’s a mandatory injunction?

Answer 7

when a person wants to compel someone to do a particular thing

Question 8

what is compensatory damages?

Answer 8

the main type of damages that has in it special or specific, general and aggravated damages.

Question 9

what is a nominal damage?

Answer 9

its when the court believes that the defendant had infringed the rights of the plaintiff, but they didn’t suffer any loss so only a small amount of compensation is awarded.

Question 10

what is exemplary damages?

Answer 10

its when the court is seeking to punish the defendant as they had acted out in court and want to deter people from those actions. it is also granted if the defendant showed little to no interest in the plaintiffs wishes.

Question 11

what is contemptuous damages?

Answer 11

when the court thinks that the plaintiff has a legal right to damages but doesn’t have the moral right.

Question 12

compensatory damages- what is special or specific damages?

Answer 12

to compensate the harmed party for the items that can be calculated objectively

Question 13

compensatory damages-what is general damages?

Answer 13

to compensate for the plaintiffs suffering and pain as these cannot be calculated objectively.

Question 14

compensatory damages-what is aggravated damages?

Answer 14

to compensate the plaintiff further if the defendants harm has caused humiliation and insult.

Question 15

what are express rights?

Answer 15

rights that are clearly stated in the Australian Constitution

Question 16

what are implied rights?

Answer 16

rights that are not clearly stated and needs to be interpreted by the High Court

Question 17

whats an ombudsman?

Answer 17

an officeholder with the power to investigate and report on complaints relating to action taken by authorities such as government departments

Question 18

whats a tribunal?

Answer 18

a type of dispute resolution body that resolves civil disputes and is supposed to be faster, cheaper and less formal than a court

Question 19

whats a complaint body?

Answer 19

an organisation that is established by parliament to resolve formal complaints made by an party about another party

Question 20

whats access?

Answer 20

means that everyone should understand their legal rights and be able to pursue their case

Question 21

whats equality?

Answer 21

to be equal before the law and have an equal chance to present their case

Question 22

whats fairness?

Answer 22

to have a fair process and hearing.

Question 23

whats punishment?

Answer 23

to show society and victim/s that certain criminal behaviors will not be tolerated by punishing the offender

Question 24

whats deterrence?

Answer 24

to deter and discourage the offender and society from doing the crime

Question 25

whats denunciation?

Answer 25

to demonstrate the courts and communities disapproval of the offenders crime.

Question 26

whats protection?

Answer 26

to protect society from the offender by preventing them from committing more crimes.

Question 27

whats rehabilitation?

Answer 27

to help the offender by providing opportunites of a better future

Question 28

whats an appeal?

Answer 28

to have a decision reviewed and reassessed by a higher court