LEGAL STUDIES REVISION II (damages/injunctions/humanrights) Flashcards
PURPOSE FOR REMEDIES? (to a.t.r)
- 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
COMPENSATORY DAMAGES; (SPECIAL OR SPECIFIC DAMAGES)
- 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.
COMPENSATORY DAMAGES; (GENERAL DAMAGES)
- 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
COMPENSATORY DAMAGES (AGGRAVATED DAMAGES)
- 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.
EXEMPLARY DAMAGES
Require the defendant to pay a large sum of money
NOMINAL DAMAGES:
Require a small amount of money to be paid to plaintiff,
WHAT TYPE OF DAMAGES ARE THERE?
3 COMPENSATORY DAMAGES:
- special and specific damages
- general damages
- aggravated damages
/
- nominal damages
- exmplary damages
RESTRICTIVE INJUNCTION:
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
MANDATORY INJUNCTION:
mandatory injunction is an order made by courts that forces someone to do something (perform something).
e.g. public apology
INTERLOCUTORY INJUNCTION:
-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.
FINALE INJUNCTION:
Permanent injunction that is ongoing,
E.G. of this is preventing a book publisher from printing a defamatory book
WHAT TYPE OF INJUNCTIONS?
restrictive injunction, mandatory injunction, interlocutary injunction and finale injunction
WHAT ARE HUMAN RIGHTS?
Human rights are the basic freedoms that promote and uphold the dignity of people, regardless race, gender, nationality and etc,
WHAT IS UDHR?
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.
THE AUSTRALIA CONSTITUTION?
establishes the way in which australia operates and sets out basis of relations between commonwealth and other states
HOW DOES THE AUSTRALIA CONSTITUTION PROTECT HUMAN RIGHTS?
- outlines how australia is to be governed
- can be changed through referendum
- protects the 5 express rights
WHAT IS EXPRESS RIGHTS?
the five human rights that are explicitly stated in the australian constitution
WHAT ARE IMPLIED RIGHTS?
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
WHAT IS THE VICTORIAN CHARTER OF HUMAN RIGHTS AND RESPONSIBILITY? (VCHRR)
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.
WHAT RIGHTS ARE PROTECTED IN VCHRR?
- right to life
- right to protection form torture, degration etc
- freedom of movement
STATUTE LAW?
laws created by commonwealth or parliament that will protect human rights through making discrimination unlawful
HOW COMMON LAW PROTECTS HUMAN RIGHTS?
-Courts aim to interpret legislation in ways that uphold human rights whenever possible.
HOW DOES AUSTRALIA PROTECT THE RIGHT TO VOTE?
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
WHO IS VICKI LI ROACH? AND WHAT IS HR STORY?
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.
