Legal unit 2 oat something

Question 1

Equality

Answer 1

All people engaging with the justice system and its processes should be treated in the same way. If the same treatment causes disparity or disadvantage, adequate measures should be implemented to allow all people to engage with the justice system without disparity or disadvantage.

Question 2

Fairness

Answer 2

All people can participate in the justice system, and its processes should be impartial and open.

Question 3

Access

Answer 3

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

Question 4

Mediation

Answer 4

An impartial independent third party that allows the parties to talk with one another and come to a resolution among themselves (mutual agreement between parties)

Question 5

Features of mediation

Answer 5

Not legally binding unless both parties sign the ‘Terms of Settlement’

A mediator helps the parties feel more in control of the situation and also helps them come to a decision

Question 6

Conciliation

Answer 6

An independent third party that offers suggestions on how to resolve the matter between the two disputing parties (cannot make a decision themselves)

Not legally binding unless both parties sign the ‘Terms of Settlement’

Question 7

Benefits of conciliation and mediation

Answer 7

Strengths – less formal than courts, less confrontation (less stress), less expensive, nothing can be held against them when discussed privately

Question 8

Weaknesses of conciliation and mediation

Answer 8

Weaknesses – decisions reached are not legally binding (someone can back out later on), mediators and conciliators have no power to order a decision to be made, or for people to even attend

Question 9

Arbitration

Answer 9

An independent third party that helps disputing parties try to reach an agreement and makes the final decision themselves. Is legally binding

Question 10

Strengths of arbitration

Answer 10

Strengths – more formal than others but still not as formal as the courts, confidential and private, legally binding decision, arbitrator is an expert

Question 11

Weaknesses of arbitration

Answer 11

Weaknesses – can be expensive as legal representation is allowed, can take a long time to reach a decision, parties have no control over the decision made (one may be upset with the decision)

Question 12

Tribunals

Answer 12

Tribunals – dispute resolution bodies that obtain their power to resolve certain disputes from the Parliament

Develop expertise in particular areas and can make decisions that are binding

Provide individuals with a low-cost, efficient and speedy method of dispute resolution

Increase the community’s access to justice

Cannot hear every type of dispute (can’t hear class actions)

Question 13

Ombudsmen

Answer 13

Ombudsmen – an official appointed by the government to provide individuals and small businesses with an independent, timely, and accessible dispute resolution service

Not a court of tribunal – independent

Services are free

Try to solve complaints by working with the two parties

Question 14

Complaint bodies

Answer 14

Complaint bodies – help individuals who have a complaint about goods, services or a particular industry body

Obtain their power through the Parliament

Do not have the power to conduct a hearing or make binding decisions on the parties

Generally, do not have formal procedures to resolve disputes

Allow people to complain online or over the phone

Can take enforcement action against individuals or companies that do not comply with certain laws

Question 15

Role of Victorian courts

Answer 15

Determine whether the defendant is liable

Whether the plaintiff, on the balance of probabilities has proven that the defendant has caused loss or harm

Judge/magistrate/jury will consider the evidence presented to the court during the trial

Question 16

Deciding on a remedy

Answer 16

What remedy should be given to who is liable?

Most common remedy is monetary damages

Question 17

Role of a jury

Answer 17

To consider the facts of the case and decide who is most likely to be in the wrong

Unanimous verdict is when all six jurors agree

Majority verdict is when five out of six jurors agree and will be accepted by the court as a decision

Question 18

Don’t have to do jury terms

Answer 18

Disqualified – means they cannot serve on a jury because of something they have done
Ineligible – means they cannot serve on a jury because oof a certain characteristic or occupation
Excused – circumstances that make it difficult for them

Question 19

Difficulties faced by First Nations people

Answer 19

Language difference – convey respect is different ways

Cultural differences – Aboriginal Elders are highly respected, strong family lines, strong connection to land

Distrust in the justice system – previous experiences

Addressing difficulties – dedicated funding for Aboriginal legal aid, cultural competence training

Question 20

Difficulties faced by low socioeconomic

Answer 20

Inability to access legal services – unable to afford what everyone else uses (inequality)

Lack of understanding – may not speak English, or very good at it, don’t understand what they’re entitled too (can’t achieve justice)

Addressing difficulties – free legal services, assistance for self-represented parties

Question 21

Difficulties faced by young people

Answer 21

Lack of knowledge about the legal system – inexperienced

Age-related communication barriers – need an adult over the age of 18 represent you, power imbalances, may not have developed the necessary language, stressful or intimidating

Lack of resources – can’t afford, may lack life skills and experience, may have to rely on free legal aid

Addressing difficulties – Victorian legal aid, community legal centres, Limitation of Actions can be changed in certain circumstances for a young person

Question 22

Difficulties of people in RRR areas

Answer 22

Lack of access to legal services – none around

Lack of access to technology – poor internet access, limited telephone coverage, may not have technology

Lack of access to courts – can’t get there

Addressing difficulties – video conferencing, CLC’s

Question 23

Purposes of remedies

Answer 23

To restore (as much as possible) the party who has suffered loss or injury to the position they were in before the loss or injury occurred

To stop the harm from happening further

To deter others from committing the same crime

Question 24

Damages

Answer 24

an amount of money that one party is ordered to pay to another party for loss or harm suffered

Question 25

Injunction

Answer 25

Injunctions – a remedy in the form of a court order requiring the defendant to do or not to do something

Restrictive – stops someone from doing something

Mandatory – a person wishes to compel someone to do something