legal VCJS

Question 1

civil justice system

Answer 1

a set of processes, methods, institutions that provdide mechanisms for people to assert their legal rights and to resolve civil disputes

Question 2

dispute resolution bodies

Answer 2

complaint bodies- CAV purpose is to help parties reach solution without any cost and to reach solution that is consistent with law
Tribunals- VCAT purpose is, low cost, accessible, efficient
courts- each jurisdiction

Question 3

pre-trail procedures

Answer 3

courts can use pre-trail procedures to resolve disputes.there are steps taken before trail to marrow issues dispute.such as:

Question 4

pleadings

Answer 4

pre trail procedure where documents are filed and exchanged between the plaintiff and defendant.

Question 5

discovery of documents

Answer 5

pre-trail procedure which requires parties to list their relevant documents

Question 6

mediation

Answer 6

method of dispute resolution that uses an independent third party to help the disputing parties reach a resolution

Question 7

parties in a civil dispute

Answer 7

plaintiff
defendant

Question 8

purposes of damages

Answer 8

is to restore as much as possible the plaintiff to the position they were in before the breached occured

Question 9

types of civil dispute

Answer 9

defamation
breach of contract
negligence
nuisance

Question 10

burden of proof

Answer 10

the obligation of a party to prove a case

Question 11

standard of proof

Answer 11

the extent to which a case must be proved in court

Question 12

defendant has BOP

Answer 12

• if defendant files a counterclaim
• if a defendant raises a defence

Question 13

compare SOP and BOP

Answer 13

SOP is where the parties must prove their version of events is more probable to have occured than not. BOF is when there is no reasonable doubt to exist in the criminal justice system

Question 14

factors to consider before initiating a civil claim

Answer 14

1.cost - fees for lawyer, adverse cost
2.disbursements- court fees, mediation fees,
3.limitations of action- bringing a civil clain after time allowed
4. Enforcement issues:
whether the plaintiff will be able to pay
- has assets
- may be in jail

Question 15

Fairness

Answer 15

means all people can participate in the JS and it’s processes should be:
- impartial
- open process
- participation

Question 16

Equality

Answer 16

people should be treated in the same way without disparity or disadvantage
- same treatment
- different treatment

Question 17

Access

Answer 17

all people should be able to engage with the justice system and its processes on informed bias
-Engagement
- physical access
- financial access

Question 18

dispute resolution methods
mediation
conciliation

Answer 18

Mediation is a method of dispute resolution that uses an independent party to help the disputing parties reach a solution
conciliation: a method of dispute resolution that uses an independent party to help the disputing parties reach a solution
Adv:
- impartial third party
- less formal
- they save cost
Dis:
- may be difficult to enforce
- parties may refuse to attend
- one party may hold power

Question 19

Arbitration

Answer 19

a method of dispute resolution in which an independent person is appointed to listen to both sides of a dispute and make a decision that is legally binding on the parties.
Adv:
- the decision is binding
- private and will be heard confidential
- the parties have control over how they conduct
Dis:
- the parties have no control over the outcome
- can be costly/ time consuming
- is not available if the parties have not agreed to this form

Question 20

Administrative convinience

Answer 20

jurisdiction of each court is clearly established. More serious and complex civil disputes are heard in the county and supreme court

Question 21

class action

Answer 21

a legal proceeding in which a group of seven or more people who have a claim against the same person based on similar or related facts.

Question 22

Appeals

Answer 22

an application to have a higher court review a ruling
grounds of appeal:
- point of law
- question of law
- remedy award

Question 23

the three key personnel

Answer 23

the judge
the magistrate
the jury

Question 24

roles of the judge and magistrate

Answer 24

1) act impartially
2) case management ( before)
3) case management ( during)
4) determine liability and the remedy
5) decide on costs

Question 25

comparison of judges and magistrate
criminal and civil:

Answer 25

sim:
-judge and magistrate are to act impartially
- assisting self represented party
- instructing jurys
diff:
- judge/magistrate will have to decide on liability whereas, in a higher court a jury will
- a judge will decide on a remedy whereas in criminal judge/magistrate decided on sanction
- criminal do not extend ordering procedures

Question 26

strengths and weaknesses of judges and magistrate

Answer 26

strengths:
- both act as impartial
- both are experts in law
- both assist self represented parties
limitations:
- may apprehend bias
- some cases might be less actively managed
- both can’t interfere excessively

Question 27

roles of jury

Answer 27

1) be objective
2 ) listen to and remember evidence
3) understand directions and summing up
4) decide on liability, maybe damages

Question 28

comparison of jurys
criminal and civil

Answer 28

Sim:
- are expected to be impartial
- both must listen and concrete evidence
- both ensure dont take outside research
Diff:
- criminal jury will decide on guilt whereas in civil jury will decide on liability
- the standard of proof is different
- in criminal a jury will never decide on a sanction whereas, civil jury will may determine the damages to be awarded

Question 29

strengths and weaknesses

Answer 29

strengths:
jurys are randomly picked
collective decision making reduce bias
jurys represent the cross section of community
Weaknesses:
juries may have unconscious bias
civil trails can be complex
jury trails may result in further delays

Question 30

roles of the parties

Answer 30

1) make decisions about the conduct of the case
2) disclose information to the accused
3) exchange evidence
4) participants in trail

Question 31

strengths and weaknesses of legal practitioners

Answer 31

strengths:
- they are experts who will help navigate
- they have objectivity
- can help avoid delays

Question 32

types of class actions & appropriateness of class action

Answer 32

• shareholder class actions
• product liability class action
• employee class action
  appropriateness of class actions
• whether there are seven or more people
• whether a law firm or litigation funder is prepared
• whether there is someone willing to be lead plaintiff

Question 33

types of remedies

Answer 33

damages:
an amount of money awarded by the courts to compensate the plaintiff for loss or injury caused by the wrongful acts
Injuctions:
a court order directing a person to undertake a specific action or to stop a specific action. normally to prevent harm