Sac 2

Question 1

Damages

Answer 1

Monatary amount of money to plaintiff from defendant

Question 2

Types of Damages

Answer 2

Compensatory
Exemplary-

Question 3

Exemplery

Answer 3

make damage known to deter offenders

Question 4

Compensatory

Answer 4

Restore the rights of party breached[ Restore position before]

Question 5

Injunctions

Answer 5

civil court order directing someone to stop certain act

Question 6

Types of injunctions

Answer 6

Restrictive/Prohibit-
Mandatory

Question 7

Mandatory

Answer 7

order person particular act

Question 8

Restrictive/Prohibit-

Answer 8

Order person to refrain from acting

Question 9

Impact Justice system examples

Answer 9

Cost-examples are filing fees, expert witnesses and hearing fees
time factors- Court and VCAT back logs from covid
Pre trail procedures complex and lengthy

Question 10

Measures to reduce Impacts examples

Answer 10

Reduce cost- Use of VCAT AND CAV
Probono work
Reduce time- Limit scope of discovery
Restrict time for final hearing

Question 11

Courts Strength and waeknesses

Answer 11

Strength- Pre trial procedures allow settle out of court

weaknesses- can suffer delay, cost restric accesss

Question 12

VCAT Purpse

Answer 12

Low cost, accessible and efficient way to resolve dispute

Question 13

VCAT Dispute uses

Answer 13

mediation role to aid discussion between parties [cannot make decions]

Question 14

VCAT Jurisdiction-

Answer 14

Residintial tenancies and Human rights

Question 15

VCAT Strenghts

Answer 15

Cheaper way and efficeent

Question 16

VCAT weaknesses

Answer 16

Take time due to backlog and struggle handle complex cases

Question 17

CAV Strengths

Answer 17

free of cost and over the phone

Question 18

CAV weaknesses

Answer 18

cant compel parties undergo conciliation
cabt enforce decision

Question 19

Enforcement issues

Answer 19

Plaintiff will need to consider if defendant pays
Defendant could be bankrupt

Question 20

Limitations of actions

Answer 20

Plaintiff must bring case to court within time limits

Question 21

Fairness

Answer 21

Open processes
Informed Basis-
No Delays-

Question 22

Acesses

Answer 22

Definition
Different ranges dispute-
Physical access

Question 23

Equality

Answer 23

Same Treatment-
Diffrent treatment

Question 24

Mediation Characteristics-

Answer 24

Outcome not binding, facilitate discussion parties can sign term of settlement

Question 25

Conciliation Characteristics-

Answer 25

Make suggestions and help parties, more influence on outcome over mediator and used by CAV primary

Question 26

Arbirtration weaknesses

Answer 26

right to appeal limited
partie no control on outcome

Question 27

arbirtation strength

Answer 27

decision binding
usally less then court

Question 28

Reason courts

Answer 28

Adminastrative conveinine- more comolex cases hear hgher courts etc

Appeals- can appeal to higher courts couldnt happen without hierachy

Question 29

Grounds appeal

Answer 29

Point appeal- law not followed
question of law- facts and case been applied
remedy awarded- enforce right in order court

Question 30

Strength appeal

Answer 30

allows case be reviewed and decision more accurate

Question 31

weakensses appeal

Answer 31

not all can be reviewed needs to meet grounds of appeal