Legal studies unit 2 Flashcards
what does a civil dispute include
-individuals/ groups
-one party claims another has infringed their rights
-party is seeking remedy from courts
what is the procedure of a civil dispute
-claim issued in court
-pre trial procedures
-hearing or trial
-remedy awarded
-enforcement procedures
civil cases involve
- plaintiff v defendant
-burden placed on plaintiff
-claims proven on balance of probabilities
-optional jury of 6
burden of proof
on the balance of probabilities
how can the buden of proof be switched
-counter claim by defendant
exceptions to the burden of proof
-counter arguing damadges
-contributory negligence
what are dispute resolution bodies
ways of resolving disagreements without going to court
types of dispute resoultion bodies and what they are
-complaints bodies= investigate complaints, offer dispute resolution services
-trubunals= operate like a court but dont have same powers. tend to be much more acessable
-courts= victorian and federal courts can enforce legal consiquences on a much larger scale
types of civil disputes
-negligence
-tresspass
-defemation
-nuisance laws
-wills and inheritance laws
-contract law
-family law
-employment law
-equal opportunity and discrimination laws
-class action
factors to consider before initiating a civil claim
-costs
-limitaton of actions
-enforcement issues
Why do people persue civil law
-compensate for wrong they have suffered
-stop defendant from doing something
-sending a message to defendant about their conduct
can negotiations help achieve an outcome for civil diputes
-can help without initiating formal legal claim
-involves dicsussions between parties
negotiations are succesfull in
-costs, time and stress involved in solving disputes
-parties retain control over outcome
-parties are more likely to accept outcome as it is reached themselves
costs as a factor to consider
-legal advice and representation
-disbursements: court fees=filling fees, hearing fees, jury fees.
-meditation fees= if court orders party to attend mediation
-expert witnesses fees= parties requiring an expert to provide opinin
-adverse cost orders=sussesfull parties will have some or all legal costs paid by other side
what might VLA provide in a civil dispute
-free legal advice and representation
-prioritises individuals that are defendants in criminal disputes
-does not assist those involved in corporations, employment and wills
limitations is actions (as a impact of civil justice)
time limit within which a civil action must be started
-if not initiated within time the defence can be that the plaintiff is too late
where is the limitation of actions displayed
limitations of act 1958 (vic)
types of limits of actions for certain laws (defemation, tort law, unpaid rent)
defemation= 1 yr
tort law= 3yr
unpaid rent= 6yr
enforcement issues (as a factor impacting civil justice)
-if plaintiff succeeds in a civil action, an order of some type will be made against the defentanct
-defendants need to see if they can pay the amount required by plaintiff
-in doing this plaintiffs consider factors such as the level of assets offered by the defendant, wheather the defendant is in jail or overseas and sometimes even who the defendant actully is
-courts can assist plaintiff enforce order- court sherfiffs can seize assets to pay unpaid debts purtuant to court orders
main features of fairness in the justice system
-impartial proces: no bias held by key personell
-open process: transperancy with procedures (be held accountable)
-participation: victims, prosecution and accused all participate
how is equality upheld in civil court
-same treatment
-diffrent treatment
Acess can uphold justice in civil law through
-engagement= all can engage
-informed bias
