Legal Test

Question 1

Define injunction

Answer 1

An injunction is a court order compelling a party to do something or preventing a party from doing something

Question 2

Distinguish between mediation and arbitration

Answer 2

Mediation is a cooperative non judicial dispute resolution process involving an independent third party that encourages the two parties to voluntarily resolve the dispute

Whereas

Arbitration is a more formal dispute process involving an independent third party who listens to evidence and makes a binding decision for them

Question 3

Distinguish between complaints bodies and obudsmens

Answer 3

A complaints body assists parties in a civil dispute by investigating or attempting to resolve their despite through conciliation

Whereas

An obudsmen is an independent authority that’s created to investigate complaints about a company or organisation and act impartially to resolve the dispute and can make a binding decision

Question 4

Tribunals are more effective than courts.. to what extent

Answer 4

I agree so some extent

A tribunal is an institution with the authority to judge, adjudicate and determine civil claims or disputes

Tribunals such as VCAT are effective at resolving disputes through the fact that it is much less formal than a court and a tribunal provides significant support to both parties and both parties can present their case without limitations of the strict procedures in court. Additionally they are much less expensive than courts

However tribunals cannot offer comprehensive support for parties that desire greater avenues for appeal whereas a court can through appeal divisions. Also tribunals are less appropriate when claims involve a large amount of money as courts become more appropriate for these claims.

Both courts and tribunals are similar as decisions made in VCAT are legally binding, the same with court decisions