Legal Studies Unit 2 Flashcards
Access
All people should be able to engage with the justice system and it’s processes on an informed basis.
Arbitration
A non-judicial dispute resolution method involving an independent third party, an arbitrator, who listens to parties evidence and makes a binding decision.
Australian Constitution
The founding document of Australia, which sets out the composition of Australian Parliament and law making.
Breach
An act or omission that represents a failure to meet a legal obligation.
Burden of Proof
The responsibility of a party to prove the facts of a case.
Causation
The relationship between an event or action and a resulting event.
Civil Jurisdiction
The legal power of a court or other authority to make decisions in civil cases. There are two types of civil jurisdictions; appellate jurisdiction and original jurisdiction.
Civil Law
Governs disputes relating to the rights of two parties (individuals or organizations), and aims to restore parties to their original positions prior to the infringement of their rights.
Common Law
A type of law created by judicial decisions in past cases.
Complaints Bodies
Organizations that deal with complaints and assist with dispute resolution in relation to the provision of goods and services, or decisions made by authority.
Conciliation
A non-judicial dispute resolution method involving an independent third party, known as the conciliator, who has specialist knowledge in the area of the dispute.
Damages
A type of remedy where monetary compensation is awarded to a plaintiff to compensate for the infringement of their rights.
Defamation
An area of civil law that aims to protect a plaintiff from having their reputation unfairly damaged.
Defenses
Legally recognized arguments a party can use to justify their actions, to argue they are not liable of a civil breach.
Defendant
The alleged liable party trying to defend their actions against a plaintiff, for an alleged breach of civil law.
Elements of an Offence
Things the plaintiff needs to prove occurred on the balance of probabilities in order to establish the liability of the defendant.
Equality
All people engaging with the justice system and it’s processes should be treated in the same way; if this treatment creates disparity disadvantages, adequate steps should be taken to allow these people to engage with the civil justice system without disparity and inequality.
Fairness
All People can participate in the civil justice system, and it’s processes should be impartial and open.
Human Rights
Entitlements and freedoms that exist for all human beings, regardless of personal characteristics.
Injunctions
A court order forcing or preventing a party from doing something.
Civil Jury
A group of people randomly selected from the community to determine a defendant’s liability and decide on a remedy.
Limitation of Actions
A restriction on the time a plaintiff has to initiate a civil action following the breach.
Loss
A disadvantage experienced by a party following an action or inaction of another party.
Mediation
A non-judicial dispute resolution method involving an independent third party, known as a mediator, who facilitates discussions between parties.
Negligence
Failure to uphold a duty of care that a reasonable person would uphold in the situation, causing loss or injury to another person.
Ombudsman
An independent authority that operates on state and federal level and is created to investigate complaints against a company or organisation.
Plaintiff
The party initiating a civil claim against a defendant in court.
Principles of Justice
Fairness, equality and access.
Reforms
Changes suggested or made to a law in order to improve it.
Remedies
A court order that aims to enforce a right by preventing civil breach, or correcting a civil breach by returning the plaintiff to their original position prior to the breach.
Standard of Proof
The degree to which the facts of a case must be proven in court. In civil cases, the standard of proof is on the balance of probabilities.
Statute Law
A body of law that comprises of laws made by parliament, known as legislation.
Tribunals
An institution with the authority to judge, adjudicate and determine civil cases and disputes.
VCHRR
The Victorian Charter of Human Rights and Responsibilities is a piece of legislation that sets out the basic human rights and freedoms of Victorians, and responsibilities of government and public bodies to protect these.
