Key principles of the Victorian civil justice system

Question 1

Who has the burden of proof in civil law?

Answer 1

the person making the claim: the plaintiff carries the case and holds the burden

In some situations the defendant can also make counter claims

Question 2

The standard of proof

Answer 2

Is to what extent or level to which the case needs to be proven: Balance of probabilities. Civil standards are less than the criminal standard.

Question 3

Pre trial procedures

Answer 3

Courts use pre-trial procedures as part of resolving disputes. They are steps taken by the parties before trial to try to narrow the issues in dispute and if possible resolve the dispute before the hearing or trial

Question 4

what are Pleadings (Pre-trial procedure)

Answer 4

A series of documents filed and exchanged between the plaintiff and the defendant, and which set out the claims and defences. The two main documents include the STATEMENT OF CLAIM and the DEFENCE

Question 5

what are Discovery of documents (Pre-trial procedure)

Answer 5

Discovery of documents which enables the parties to get copies of each others documents that relevant to the issues in dispute

Question 6

what are Mediation (Pre-trial procedure)

Answer 6

The judge may order the parties to attend meditation by a certain date to try to resolve the dispute before the trial

Question 7

what are Exchange (Pre-trial procedure)

Answer 7

The exchange of evidence is when the parties exchange evidence that will be given at trial. The parties may be relying on lay evidence or expert advice