LEGAL STUDIES REVISION II (damages/injunctions/humanrights)

Question 1

PURPOSE FOR REMEDIES? (to a.t.r)

Answer 1

• to attempt to return the party that has suffered loss to the position they were in before the loss occurred.
• deter others from civil breach
• uphold the plaintiffs rights under civil law

Question 2

COMPENSATORY DAMAGES; (SPECIAL OR SPECIFIC DAMAGES)

Answer 2

• these damages are usually awarded to the plaintiff to compensate them for items that can easily be calculated
  e.g. medical expenses, loss of wages.

Question 3

COMPENSATORY DAMAGES; (GENERAL DAMAGES)

Answer 3

• these damages are usually awarded to the plaintiff to compensate them for the pain and sufferings caused by the actions of the defendant
  e.g. compensation for the pain and sufferings or LOSS OF ENJOYMENT IN LIFE

Question 4

COMPENSATORY DAMAGES (AGGRAVATED DAMAGES)

Answer 4

• these damages are usually awarded to the plaintiff to compensate them further as the court believe the defendants actions has also caused humiliation or insult.

Question 5

EXEMPLARY DAMAGES

Answer 5

Require the defendant to pay a large sum of money

Question 6

NOMINAL DAMAGES:

Answer 6

Require a small amount of money to be paid to plaintiff,

Question 7

WHAT TYPE OF DAMAGES ARE THERE?

Answer 7

3 COMPENSATORY DAMAGES:
- special and specific damages
- general damages
- aggravated damages
/
- nominal damages
- exmplary damages

Question 8

RESTRICTIVE INJUNCTION:

Answer 8

restrictive injunction is an order made by court that stops someone from doing something
e.g. cutting down trees, using power tool early in the morning

Question 9

MANDATORY INJUNCTION:

Answer 9

mandatory injunction is an order made by courts that forces someone to do something (perform something).
e.g. public apology

Question 10

INTERLOCUTORY INJUNCTION:

Answer 10

-URGENT CIRCUMSTANCES.
e.g. of a short-term injunction to prevent the demolition of a house, until a court can resolve a dispute regarding whether the owner is or is not entitled to demolish it.

Question 11

FINALE INJUNCTION:

Answer 11

Permanent injunction that is ongoing,
E.G. of this is preventing a book publisher from printing a defamatory book

Question 12

WHAT TYPE OF INJUNCTIONS?

Answer 12

restrictive injunction, mandatory injunction, interlocutary injunction and finale injunction

Question 13

WHAT ARE HUMAN RIGHTS?

Answer 13

Human rights are the basic freedoms that promote and uphold the dignity of people, regardless race, gender, nationality and etc,

Question 14

WHAT IS UDHR?

Answer 14

A document created by United Nations in 1948, followed after WWII that sets out common entitlements that should be afforded to all people across the nation.

Question 15

THE AUSTRALIA CONSTITUTION?

Answer 15

establishes the way in which australia operates and sets out basis of relations between commonwealth and other states

Question 16

HOW DOES THE AUSTRALIA CONSTITUTION PROTECT HUMAN RIGHTS?

Answer 16

• outlines how australia is to be governed
• can be changed through referendum
• protects the 5 express rights

Question 17

WHAT IS EXPRESS RIGHTS?

Answer 17

the five human rights that are explicitly stated in the australian constitution

Question 18

WHAT ARE IMPLIED RIGHTS?

Answer 18

a right that has not been explicitly stated in the australian constitution but has been interpreted in the high court to exist. In Australia we have implied rights to imply the right to vote and political communication

Question 19

WHAT IS THE VICTORIAN CHARTER OF HUMAN RIGHTS AND RESPONSIBILITY? (VCHRR)

Answer 19

a piece of legislation that aims to protect human rights in Victoria (sets out human rights, freedom and responsibility) it requires the victorian parliament to receive bills to determine charter.

Question 20

WHAT RIGHTS ARE PROTECTED IN VCHRR?

Answer 20

• right to life
• right to protection form torture, degration etc
• freedom of movement

Question 21

STATUTE LAW?

Answer 21

laws created by commonwealth or parliament that will protect human rights through making discrimination unlawful

Question 22

HOW COMMON LAW PROTECTS HUMAN RIGHTS?

Answer 22

-Courts aim to interpret legislation in ways that uphold human rights whenever possible.

Question 23

HOW DOES AUSTRALIA PROTECT THE RIGHT TO VOTE?

Answer 23

through statute and common law, although the right to vote is not explicitly stated in the australian constitution.
statute law: those who cannot vote (inelgible)
- unsound mind
- commit treason
- sentenced 2 years or more

Question 24

WHO IS VICKI LI ROACH? AND WHAT IS HR STORY?

Answer 24

Vicki Lee Roach, who was serving 6 years of prison sentence when she challenged government legislation (that banned prisoners from voting).
in 2004 only prisoners who were serving less than 3 years are able to vote.
In 2006 commonwealth banned all prisoners from voting.
In 2007, while Vicki was in prison she decided to challenge the commonwealth’s ban on voting elections for prisoners.
Outcome: The high court agreed with Roach, deciding the ban was against constitution. LEADING TO ONLY BE APPLICABLE TO VOTE IF A SENTENCE UNDER 3 YEARS.