Exam

Question 1

Fairness

Answer 1

“All people can participate in the justice system, and its processes should be impartial and open”

Question 2

Equality

Answer 2

“All people engaging with the justice system and its processes should be treated in the same way. If the same way. If the same treatment creates disparity or disadvantage, adequate measures should be implemented to allow all people to engage with the justice system without disparity or disadvantage”

Question 3

Access

Answer 3

“All people should be able to engage with the justice system and its processes on an informed basis”

Question 4

Ombudsmen

Answer 4

An official appointed by the government to provide individuals and small businesses with an independent, timely, and accessible dispute resolution service

Question 5

Remedy?

Answer 5

Any order made by a
court or tribunal that is
designed to address a
civil wrong or breach.

Question 6

Purpose of remedies

Answer 6

To return the plaintiff to the original position they were in before the harm occurred

Question 7

Injunction?

Answer 7

A court order made to stop any further harm from occurring

Question 8

Common law

Answer 8

Court made law through interpretation of statute law

Question 9

Implied rights

Answer 9

Not explicitly stated in the wording of the constitution but is considered to exist by the High Court’s interpretation of its meaning

Question 10

Express rights

Answer 10

Explicitly stated in the wording of the Constitution

Question 11

Statute law

Answer 11

The commonwealth, state, and territory parliaments have passed acts of parliament to protect some human rights

Question 12

Purposes of civil law

Answer 12

Civil law provides guidelines for acceptable behaviour so that people can live in harmony and social cohesion can be achieved, e.g. regulations of the standard and quality of toys

Question 13

Ombudsmen

Answer 13

An official appointed by the government to provide individuals and small businesses with an independent, timely, and accessible dispute resolution service.

Question 14

CAV (Consumer Affairs Victoria)

Answer 14

Victoria’s consumer marketplace regulator. Supports Victorians to exercise their consumer rights, ensure that businesses and rental providers do the right thing, etc.

Question 15

Purpose of remedies

Answer 15

To restore the plaintiff to the original position that they were in before the harm or suffering occurred

Question 16

Magistrate court jurisdiction

Answer 16

Minimum of $10,000 and maximum of $100,000

Question 17

Complaint bodies

Answer 17

Help individuals who have a complaint about goods, services, or a particular industry body

Question 18

Causation

Answer 18

The direct relationship between one event (Event 1) and another event (Event 2), where Event 1 was the reason Event 2 happened, and Event 2 would not have happened by itself, without Event 1

Question 19

Limitation of actions?

Answer 19

The time period within a wronged party can sue the wrongdoer. Once that time has passed, then the defendant can use the defence that the plaintiff is too late to obtain a remedy.
Defamation - 1 year
Contract breach - 6 years

Question 20

the direct relationship
between one event
(Event 1) and another
event (Event 2),
where Event 1 was
the reason Event 2
happened, and Event 2
would not have
happened by itself,
without Event 1

Question 21

Mediation

Answer 21

An impartial independent third party that allows the parties to talk with one another and come to a resolution among themselves (mutual agreement between parties)

Question 22

Conciliation

Answer 22

An independent third party that offers suggestions on how to resolve the matter between the two disputing parties (cannot make a decision themselves)

Not legally binding unless both parties sign the ‘Terms of Settlement’

Question 23

Features of mediation

Answer 23

Not legally binding unless both parties sign the ‘Terms of Settlement’

A mediator helps the parties feel more in control of the situation and also helps them come to a decision

Question 24

Benefits of conciliation and mediation

Answer 24

Strengths – less formal than courts, less confrontation (less stress), less expensive, nothing can be held against them when discussed privately

Question 25

Weaknesses of conciliation and mediation

Answer 25

Weaknesses – decisions reached are not legally binding (someone can back out later on), mediators and conciliators have no power to order a decision to be made, or for people to even attend

Question 26

Arbitration

Answer 26

An independent third party that helps disputing parties try to reach an agreement and makes the final decision themselves. Is legally binding

Question 27

Strengths of arbitration

Answer 27

Strengths – more formal than others but still not as formal as the courts, confidential and private, legally binding decision, arbitrator is an expert

Question 28

Weaknesses of arbitration

Answer 28

Weaknesses – can be expensive as legal representation is allowed, can take a long time to reach a decision, parties have no control over the decision made (one may be upset with the decision)

Question 29

Role of Victorian courts

Answer 29

Determine whether the defendant is liable

Whether the plaintiff, on the balance of probabilities has proven that the defendant has caused loss or harm

Judge/magistrate/jury will consider the evidence presented to the court during the trial

Question 30

Role of a jury

Answer 30

To consider the facts of the case and decide who is most likely to be in the wrong

Unanimous verdict is when all six jurors agree

Majority verdict is when five out of six jurors agree and will be accepted by the court as a decision

Question 31

Rights in the Universal Declaration of Human Rights

Answer 31

Right to life
Freedom of opinion and expression
Right to education
Freedom of religion

Question 32

What is statute law?

Answer 32

Statute law are acts passed by the Commonwealth, state, and territory parliaments that protect some human rights.

Question 33

Examples of statutory rights

Answer 33

Right to vote - Electoral Act
Victorian Charter of Human Rights and Responsibilities
Privacy Act

Question 34

Negatives of statute law

Answer 34

• Can be confusing and more require interpretation by the High Court
• Don’t always allow a person to be awarded damages if their human rights have been breached

Question 35

What is common law

Answer 35

Court made law through interpretation of statute law

Question 36

Double majority

Answer 36

A voting system that requires a national majority of all voters in Aus as well as a majority of electors in a majority of states

Question 37

Referendum

Answer 37

Requires a proposal to be approved by the Australian people in a public vote by a double majority

Question 38

Weakness of common law

Answer 38

• not always easy to define
• can be abrogated by parliament

Question 39

What are human rights?

Answer 39

A set of moral and legal guidelines that promote and protect a recognition of our values, identity, and ability to ensure an adequate standard of living
The basic standards by which we can identify and measure inequality and fairness

Question 40

Negligence def

Answer 40

when someone owes a duty of care to another person and breached that duty, causing harm or loss to another person

Question 41

Defamation def

Answer 41

Publication of material that causes damage to another person’s reputation

Question 42

Nuisance def

Answer 42

Relates to a person’s right to use and enjoy both public and private property

Question 43

Breach

Answer 43

The defendant failed to observe a law or obligation imposed on them - the breaking or failure to fulfil or comply with a duty or obligation

Question 44

Specific damages

Answer 44

Remedy that can be given a precise monetary value

Question 45

General damages

Answer 45

Remedy that is not easily quantifiable

Question 46

Aggravated damages

Answer 46

Can be awarded to compensate the plaintiff further