Legal SAC AOS 2

Question 1

What is the official purpose of civil remedies

Answer 1

“To restore (as much as possible) the plaintiff to their original position before the harm had occurred”

Question 2

What are the two types of remedies

Answer 2

• Damages
• Injunctions: mandatory and restrictive

Question 3

What are compensatory damages

Answer 3

Aggravated damages, special damages, general damages

Question 4

What are damages

Answer 4

A type of remedy. a monetary amount awarded to the plaintiff

Question 5

What are remedies

Answer 5

A legal solution to a breach in civil law

Question 6

What are the 4 main types of damages

Answer 6

compensatory, nominal exemplary, contemptuous

Question 7

What is the purpose of nominal damages

Answer 7

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

Question 8

Describe mediation

Answer 8

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.

Question 9

Describe arbitration

Answer 9

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.

Question 10

Describe conciliation

Answer 10

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.

Question 11

Distinguish between arbitration and mediation

Answer 11

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.

Question 12

Describe the jurisdiction of the magistrates court in civil claims

Answer 12

the magistrates court hears minor civil disputes of up 10 $100,000 in claims

Question 13

Describe the jurisdiction of the county court in civil claims

Answer 13

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

Question 14

Describe the POJ fairness

Answer 14

“all people can participate in the justice system and its processes should be impartial and open”
*3 point
-impartial
-open
-participation

Question 15

Describe the subtopic of participation in fairness

Answer 15

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.

Question 16

Describe the POJ equality

Answer 16

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.’

Question 17

Describe the POJ access

Answer 17

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

Question 18

Describe the jurisdiction of the supreme court (trial) in civil claims

Answer 18

they hear cases involving an unlimited monetary amount. its used for large and complex cases as its expensive, a jury is optional

Question 19

identify the roles of the jury (4)

Answer 19

1. Listen to evidence
2. Listen to orders by the judge
3. Ask any questions regarding the evidence
4. Deliver a liable or not verdict

Question 20

What is the role of VCAT

Answer 20

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

Question 21

What are the dispute resolution methods

Answer 21

Mediation conciliation, arbitration

Question 22

To what extent does CAV achieve the POJ access

Answer 22

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

Question 23

What is the role of the court in civil cases

Answer 23

1. Determine liability
2. Decide on the remedy (if required)

Question 24

What is the burden and standard of proof in civil law

Answer 24

Burden of proof is on the plaintiff, the standard is on the balance of probabilities.

Question 25

What are some groups experiencing difficulty in the legal system

Answer 25

First nationals people
Rural, remote, regional people
Low socioeconomic status
Young people

Question 26

What are some challenges youth are experiencing and what is being done to help engagement

Answer 26

Age related communication barriers
Lack of knowledge regarding legal proceedings

Organisations such as youth law are emerging to provide advice and legal representation

Question 27

What are some challenges low SES people are experiencing and what is being done to help engagement

Answer 27

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

Question 28

What are some challenges First Nations people are experiencing and what is being done to help engagement

Answer 28

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.

Question 29

What are some challenges RRR people are experiencing and what is being done to help engagement

Answer 29

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

Question 30

What types of damages are there

Answer 30

Compensatory, exemplary, nominal, contemptuous

Question 31

What are compensatory damages used for

Answer 31

To compensate for missed wages, medical bills, and any humiliation experienced by the plaintiff

Question 32

What are nominal damages used for

Answer 32

When a small loss/harm/suffering occurred but a small amount is still awarded

Question 33

What are exemplary damages used for

Answer 33

They are used to punish the defendant for their immoral behaviour

Question 34

What are contemptuous damages used for

Answer 34

A small amount of money given to the plaintiff to show their case is right, legally, but not morally

Question 35

Describe the two types of remedies

Answer 35

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

Question 36

What is the purpose of civil law

Answer 36

“To restore the plaintiff to as much as possible their original position before the loss/harm/suffering occurred”

Question 37

What is a remedy

Answer 37

A legal solution to a breach in civil law