Legal Studies Unit 2

Question 1

Access

Answer 1

All people should be able to engage with the justice system and it’s processes on an informed basis.

Question 2

Arbitration

Answer 2

A non-judicial dispute resolution method involving an independent third party, an arbitrator, who listens to parties evidence and makes a binding decision.

Question 3

Australian Constitution

Answer 3

The founding document of Australia, which sets out the composition of Australian Parliament and law making.

Question 4

Breach

Answer 4

An act or omission that represents a failure to meet a legal obligation.

Question 5

Burden of Proof

Answer 5

The responsibility of a party to prove the facts of a case.

Question 6

Causation

Answer 6

The relationship between an event or action and a resulting event.

Question 7

Civil Jurisdiction

Answer 7

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.

Question 8

Civil Law

Answer 8

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.

Question 9

Common Law

Answer 9

A type of law created by judicial decisions in past cases.

Question 10

Complaints Bodies

Answer 10

Organizations that deal with complaints and assist with dispute resolution in relation to the provision of goods and services, or decisions made by authority.

Question 11

Conciliation

Answer 11

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.

Question 12

Damages

Answer 12

A type of remedy where monetary compensation is awarded to a plaintiff to compensate for the infringement of their rights.

Question 13

Defamation

Answer 13

An area of civil law that aims to protect a plaintiff from having their reputation unfairly damaged.

Question 14

Defenses

Answer 14

Legally recognized arguments a party can use to justify their actions, to argue they are not liable of a civil breach.

Question 15

Defendant

Answer 15

The alleged liable party trying to defend their actions against a plaintiff, for an alleged breach of civil law.

Question 16

Elements of an Offence

Answer 16

Things the plaintiff needs to prove occurred on the balance of probabilities in order to establish the liability of the defendant.

Question 17

Equality

Answer 17

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.

Question 18

Fairness

Answer 18

All People can participate in the civil justice system, and it’s processes should be impartial and open.

Question 19

Human Rights

Answer 19

Entitlements and freedoms that exist for all human beings, regardless of personal characteristics.

Question 20

Injunctions

Answer 20

A court order forcing or preventing a party from doing something.

Question 21

Civil Jury

Answer 21

A group of people randomly selected from the community to determine a defendant’s liability and decide on a remedy.

Question 22

Limitation of Actions

Answer 22

A restriction on the time a plaintiff has to initiate a civil action following the breach.

Question 23

Loss

Answer 23

A disadvantage experienced by a party following an action or inaction of another party.

Question 24

Mediation

Answer 24

A non-judicial dispute resolution method involving an independent third party, known as a mediator, who facilitates discussions between parties.

Question 25

Negligence

Answer 25

Failure to uphold a duty of care that a reasonable person would uphold in the situation, causing loss or injury to another person.

Question 26

Ombudsman

Answer 26

An independent authority that operates on state and federal level and is created to investigate complaints against a company or organisation.

Question 27

Plaintiff

Answer 27

The party initiating a civil claim against a defendant in court.

Question 28

Principles of Justice

Answer 28

Fairness, equality and access.

Question 29

Reforms

Answer 29

Changes suggested or made to a law in order to improve it.

Question 30

Remedies

Answer 30

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.

Question 31

Standard of Proof

Answer 31

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.

Question 32

Statute Law

Answer 32

A body of law that comprises of laws made by parliament, known as legislation.

Question 33

Tribunals

Answer 33

An institution with the authority to judge, adjudicate and determine civil cases and disputes.

Question 34

VCHRR

Answer 34

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.