legal studies unit 2 AOS 2

Question 1

fairness

Answer 1

all people can participate in the justice system and its processes should be impartial and open

party control - both parties are in control of their case

outcomes and remedies - based upon law and facts of the case

Question 2

equality

Answer 2

all people engaging with the justice system and its processes should be treated in the same way

precedent - similar cases should have similar outcomes

rules and evidence and procedure apply to both parties

Question 3

access

Answer 3

all people should be able to engage with the justice system and its processes on an informed basis

alternative dispute resolutions avoid the cost and time involved in a trial

Question 4

mediation

Answer 4

a cooperative, non judicial dispute resolution process involving an independent third party (mediator) who facilitates discussion to assist a resolution

Question 5

conciliation

Answer 5

a cooperative, non judicial dispute resolution process involving an independent third party (conciliator) they have specialised knowledge on the type of dispute. the conciliator will help discussions between parties offering suggestions to a solution

Question 6

arbitration

Answer 6

a dispute resolution process involves a independent third party (arbitrator) who listens to evidence present by both parties and makes a binding decision on their behalf

Question 7

tribunals

Answer 7

institution with authority to judge, adjudicate, or determine civil claims or disputes. they aim to resolve disputes in a less formal, timelier way then the courts.

Question 8

example of tribunals

Answer 8

VCAT( instead of court) - their role is to provide a low cost, accessible, efficient and independent and independent tribunal delivering high quality dispute resolution

Question 9

complaints bodies

Answer 9

assist parties to a civil dispute by investigating or attempting to resolve their dispute through conciliation

Question 10

example of complaints bodies

Answer 10

consumer affairs victoria (CAV)
- conciliate dispute between consumers and traders, and tenants and landlords

• review and advise on consumer legislation

Question 11

jurisdiction

Answer 11

the jurisdiction of a court refers to the power given to that court to hear certain types of disputes
two types:
original jurisdictions
appellate juristiction

Question 12

original jurisdictions

Answer 12

the ability for a court to hear a case for the first time. in a civil claim the original jurisdiction of a court will be determine by the amount of damages being sought by the plaintiff and the complexity of the case

Question 13

appellate jurisdiction

Answer 13

ability for a court to review a decision of a lower cost.
the plaintiff or the defendent may choose to appeal a decision based on three grounds
1. question of facts
2. amount of damages awarded
3. point of law