introduction to the civil system - 3.2.0

Question 1

what is the civil justice system?
what is included?

Answer 1

it is a set of methods, processes and instituitions used to resolve civil disputes. it includes pre-trial procedures, civil dispute resolution methods, complaints bodies and civil remedies.

Question 2

who holds law maming power? what does each state have?

Answer 2

law making power is held by the states and territories, they have their own:
- system of resolving disputes
- civil laws
- rules for resolving disputes
- courts anddispute resolution bodies

Question 3

who are the parties ina civil dispute?

Answer 3

plaintiff: the party alleging their rights have been infringed
defendant: the party who is alleged to infringe the rights

Question 4

what is the purpose of the plaintiff suing the defendant?

Answer 4

to try to obtain a remedy that compensates them for the infringement of their rights

Question 5

what are restrictions that some plaintiffs may face?

Answer 5

• if >18 yrs old: cannot directly sue a defendant, only through a litigation guardian
• if an employee infringes rights while working, the injured person will sue the employer.

Question 6

what is vicarious liability?

Answer 6

the responsbility of one for the actions of another person under their care

Question 7

what are the main dispute resolution bodies?

Answer 7

• complaint bodies
• ombudsmen
• tribunals
• victorian + federal courts

the ability to resolve a particular dispute relies on their jurisdiction

Question 8

what are types of civil disputes?

what is defamation?

Answer 8

damaging a person’s reputation by saying or publishing something

Question 9

what are types of civil disputes?

what is trespass to land?

Answer 9

going onto someone’s property without permission

Question 10

what are types of civil disputes?

what are wills + inheritance?

Answer 10

claims involve disputes over a will

Question 11

what are types of civil disputes?

what is breach of contract?

Answer 11

when someone fails to do something they promised in a legally binding contract

Question 12

what are types of civil disputes?

what is nuisance?

Answer 12

when someone is disturbing another person

Question 13

what are types of civil disputes?

what is negligence?

Answer 13

when a duty of care is owed, and someone breaches it, causing harm or loss