definitions Flashcards
what is a remedy?
a order made by the court to highlight a civil breach, they provide legal solutions.
what’s mediation?
a dispute resolution that uses a mediator to reach a solution.
what is arbitration?
a dispute resolution that uses a arbitrator to listen to both sides then make a legally binding decision. (arbitral award)
what is conciliation?
a dispute resolution that uses a conciliator to help the parties come to a resolution
what are injunctions?
an order from the court for a person to prevent from doing harm or to correct the wrong
what’s a restrictive injunction?
stops someone from doing something
what’s a mandatory injunction?
when a person wants to compel someone to do a particular thing
what is compensatory damages?
the main type of damages that has in it special or specific, general and aggravated damages.
what is a nominal damage?
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.
what is exemplary damages?
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.
what is contemptuous damages?
when the court thinks that the plaintiff has a legal right to damages but doesn’t have the moral right.
compensatory damages- what is special or specific damages?
to compensate the harmed party for the items that can be calculated objectively
compensatory damages-what is general damages?
to compensate for the plaintiffs suffering and pain as these cannot be calculated objectively.
compensatory damages-what is aggravated damages?
to compensate the plaintiff further if the defendants harm has caused humiliation and insult.
what are express rights?
rights that are clearly stated in the Australian Constitution
what are implied rights?
rights that are not clearly stated and needs to be interpreted by the High Court
whats an ombudsman?
an officeholder with the power to investigate and report on complaints relating to action taken by authorities such as government departments
whats a tribunal?
a type of dispute resolution body that resolves civil disputes and is supposed to be faster, cheaper and less formal than a court
whats a complaint body?
an organisation that is established by parliament to resolve formal complaints made by an party about another party
whats access?
means that everyone should understand their legal rights and be able to pursue their case
whats equality?
to be equal before the law and have an equal chance to present their case
whats fairness?
to have a fair process and hearing.
whats punishment?
to show society and victim/s that certain criminal behaviors will not be tolerated by punishing the offender
whats deterrence?
to deter and discourage the offender and society from doing the crime
whats denunciation?
to demonstrate the courts and communities disapproval of the offenders crime.
whats protection?
to protect society from the offender by preventing them from committing more crimes.
whats rehabilitation?
to help the offender by providing opportunites of a better future
whats an appeal?
to have a decision reviewed and reassessed by a higher court
