Legal SAC AOS 2 Flashcards
What is the official purpose of civil remedies
“To restore (as much as possible) the plaintiff to their original position before the harm had occurred”
What are the two types of remedies
- Damages
- Injunctions: mandatory and restrictive
What are compensatory damages
Aggravated damages, special damages, general damages
What are damages
A type of remedy. a monetary amount awarded to the plaintiff
What are remedies
A legal solution to a breach in civil law
What are the 4 main types of damages
compensatory, nominal exemplary, contemptuous
What is the purpose of nominal damages
to recognise that there has been a breach and the plaintiff has been wronged by the defendant.
* this is only used if the plaintiff has not suffered any loss but just wants acknowledgment that they’ve been wronged
Describe mediation
Mediation utilises a mediator who only facilitates the discussion and doesn’t have the right to make a legally binding decision in. less formal setting.
Describe arbitration
Arbitration utilises an arbitrator who facilitates the discussion, has more experience/expertise in their field and is able to make legally binding decisions in a formal setting and hears claims under 10k.
Describe conciliation
Conciliation utilises a conciliator who has some special knowledge who also facilitates the discussion and provides suggestions but doesn’t have the right to make a legally binding decision in. less formal setting.
Distinguish between arbitration and mediation
Arbitration utilises an arbitrator who has more experience/expertise in their field and is able to make legally binding decisions in a formal setting. in contrast to this mediation utilises a mediator who only facilitates the discussion and doesn’t have the right to make a legally binding decision in a less formal setting.
Describe the jurisdiction of the magistrates court in civil claims
the magistrates court hears minor civil disputes of up 10 $100,000 in claims
Describe the jurisdiction of the county court in civil claims
They can hear cases of any monetary amount and often ones which are personal injury cases as they’re not as complex and don’t require the need to be heard in the Supreme Court
Describe the POJ fairness
“all people can participate in the justice system and its processes should be impartial and open”
*3 point
-impartial
-open
-participation
Describe the subtopic of participation in fairness
The opportunity of both parties to know and understand the case that is put against them, before trial.
no unreasonable delays to trial proceedings, to prevent the witness from forgetting the event.
Describe the POJ equality
all people engaging with the justice system should be treated in the same way. If 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.’
Describe the POJ access
All people should be able to engage with the justice system and its processes on an informed basis’
*2 points
- engagement (financial, physical)
- informed basis
Describe the jurisdiction of the supreme court (trial) in civil claims
they hear cases involving an unlimited monetary amount. its used for large and complex cases as its expensive, a jury is optional
identify the roles of the jury (4)
- Listen to evidence
- Listen to orders by the judge
- Ask any questions regarding the evidence
- Deliver a liable or not verdict
What is the role of VCAT
VCAT’s purpose is to provide Victorians with a low-cost, accessible, efficient and independent
tribunal that delivers high-quality dispute resolution.
They’re able to do this by having low costs, many locations and the use of less technical legal terms
What are the dispute resolution methods
Mediation conciliation, arbitration
To what extent does CAV achieve the POJ access
CAV achieves the POJ of access as the consumers are provided with an informed basis on their rights. The CAV also offers different ways to contact them and undertake trial proceedings, via phone or zoom calls
What is the role of the court in civil cases
- Determine liability
- Decide on the remedy (if required)
What is the burden and standard of proof in civil law
Burden of proof is on the plaintiff, the standard is on the balance of probabilities.
What are some groups experiencing difficulty in the legal system
First nationals people
Rural, remote, regional people
Low socioeconomic status
Young people
What are some challenges youth are experiencing and what is being done to help engagement
Age related communication barriers
Lack of knowledge regarding legal proceedings
Organisations such as youth law are emerging to provide advice and legal representation
What are some challenges low SES people are experiencing and what is being done to help engagement
Financial disadvantages causing an inability to access legal services due to costs.
Allocation of free legal services and representations, the restrictions on the use of lawyers allowing for equal footings between both parties
What are some challenges First Nations people are experiencing and what is being done to help engagement
Communication barriers due to difference in cultures, distrust in the legal system
Organisations provide advice and services are being provided, an increase of indigenous staff at VCAT.
What are some challenges RRR people are experiencing and what is being done to help engagement
Inability to physically access court locations, lack of access to lawyers due to not having any practising in the area
Lawyers are being encouraged to practise in RRR areas, an increasing in online information and DRM accessibility
What types of damages are there
Compensatory, exemplary, nominal, contemptuous
What are compensatory damages used for
To compensate for missed wages, medical bills, and any humiliation experienced by the plaintiff
What are nominal damages used for
When a small loss/harm/suffering occurred but a small amount is still awarded
What are exemplary damages used for
They are used to punish the defendant for their immoral behaviour
What are contemptuous damages used for
A small amount of money given to the plaintiff to show their case is right, legally, but not morally
Describe the two types of remedies
Injunctions which are either mandatory or restrictive and require the defendant to complete an action or abstain from doing an action. could include a restraining order. The other remedy is damages which are a monetary claim awarded to the plaintiff
What is the purpose of civil law
“To restore the plaintiff to as much as possible their original position before the loss/harm/suffering occurred”
What is a remedy
A legal solution to a breach in civil law
