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legal studies !! > SAC 5 > Flashcards

SAC 5 Flashcards

1
Q

Fairness:

A

all can participate in the justice system, process is fair and impartial.

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2
Q

Access:

A

to understand legal rights.

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3
Q

Equality:

A

equal before the law, with equal opportunity to present their case.

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4
Q

Alternative dispute resolution:

A

Mediation, conciliation, arbitration.

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5
Q

Mediation:

A

Parties collaborate, mediator guiding negotiations. Decisions made by parties.

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6
Q

Conciliation:

A

Offers suggestions to resolve matter. Participants make final decision.

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7
Q

Arbitration:

A

Formal dispute resolution process: listens to both parties, imposing legally enforceable solutions, decision is made on their behalf.

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8
Q

Institutions which resolve civil disputes:

A

Ombudsman, tribunals, complaints bodies, and the courts.

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9
Q

Ombudsman:

A

Official body appointed by government to investigate complaints made against certain bodies.

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10
Q

Role of ombudsman:

A

Provide individuals with independent, timely, accessible dispute resolution to specific industries.

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11
Q

Types of ombudsman:

A
  • Government
  • Industry
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12
Q

Tribunals:

A

Power from parliament to resolve disputes.

  • Develop expertise in particular areas of dispute.
  • Make decisions binding on parties.

(Low-cost alternative)

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13
Q

Purpose of VCAT:

A

Provide low-cost, accessible, efficient, independent tribunal.

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14
Q

Complaints bodies:

A

Service to deal with complaints about the provision of services.

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15
Q

Complaints bodies also:

A
  • Power through parliament.
  • Only handle business/services.
  • Cannot make binding decisions or conduct hearings.
  • Use of conciliation.
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16
Q

Rights and responsibilities of complaints bodies:

A
  • Housing
  • Consumer and businesses
  • Licensing and registration
  • Clubs and fundraising.
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17
Q

Court Hierarchy:

A

High Court
Supreme Court + (Court of appeal)
Supreme Court + (Trial division)
County Court
Magistrate’s Court of Victoria
(Children’s court, Koori court, Coroner’s court, VCAT, Drug court.)

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18
Q

Role of courts:

A

Determine liability and decide remedies.

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19
Q

Court processes:

A
  • Formal with rules of professional conduct.
  • Follows ‘Evidence Act’ 2008.
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20
Q

What does the court do:

A

Provide expertise, manage cases, hear appeals.

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21
Q

Role of Victorian courts in a civil dispute:

A
  • Determine liability.
  • Decide remedy.
  • Provide appropriate avenue to resolve disputes.
22
Q

Remedy:

A

Court can ‘right the wrong’ that has occurred to the plaintiff.

23
Q

Purpose of remedy:

A

Restore the party who has suffered loss of injury to the position they were in before loss occurred.

24
Q

Types of remedies:

A

Damages and injunctions.

25
Q

Types of Damages:

A

Compensatory, nominal, exemplary, contemptuous.

26
Q

Types of Injunctions:

A

Restrictive, mandatory.

27
Q

Damages:

A

Monetary payment made to plaintiff.

28
Q

Purpose of damages:

A

Compensate the plaintiff for losses they have suffered.

29
Q

Difficulties faced by different groups in the civil justice system:

A

First Nations: injustices and rights breached = intergenerational trauma for children.

Young people: Lack of understanding, negative effects of custody.

Culturally & linguistically diverse people: Limited awareness of and familiarity with the criminal justice system, language differences.

Disability: Physical barriers, lack of understanding by others about disability, lack of services.

30
Q

Compensatory damages:

A
  • Specific: easily calculated (with receipts, etc.)
  • General: for pain/suffering (emotional) + loss of sentimental items.
  • Aggravated: awarded to plaintiff when judge feels the defendant has caused further hurt.
31
Q

Nominal damages:

A
  • When judge agrees the defendant has infringed rights of plaintiff, but plaintiff did not suffer any loss.
  • Judge awards a small amount of damages to note loss.
32
Q

Exemplary damages:

A
  • May be awarded if defendants were outrageous that the court wishes to deter others from similar actions + to show disapproval.
  • If defendant shows disrespect towards plaintiff of their wishes.
33
Q

Contemptuous damages:

A
  • When plaintiffs rights have been infringed upon, but plaintiff is NOT in the right.
  • Small amount may be awarded to show contempt for claim that is made, while admitting the plaintiffs legal right to make a claim.
34
Q

Injunctions:

A

Court makes an order to undertake an action

35
Q

Aim for injunctions:

A

Restore plaintiff to the position they were in prior to harm they suffered.

36
Q

Restrictive injunction:

A

Stops party from doing something. (E.G stopping a journalist from publishing, etc.)

37
Q

Mandatory injunction:

A

Legal process used to ensure/compel someone to do something.

38
Q

Ability of remedies to achieve their purposes:

A

Restore plaintiff to the position they were in prior to harm they suffered.

39
Q

Strengths of mediation and conciliation:

A
  • Less confrontational.
  • Unbiased third party.
  • Saves time and money.
40
Q

Weaknesses of mediation and conciliation:

A
  • One party may have unfair advantage (injunction required).
  • Waste of resources if uncooperative.
  • Not binding on parties.
41
Q

Strengths of arbitration:

A
  • Conducted privately (flexible).
  • Less formal than court process.
  • Confidential (away from public)
42
Q

Weaknesses of arbitration:

A
  • expensive
  • several stages
  • no control over outcome
43
Q

Dispute resolution bodies strengths:

A
  • alternative methods of making complaints.
  • low-cost.
  • quick process.
44
Q

Dispute resolution bodies weaknesses:

A
  • not aware of services available.
  • not free of charge.
  • limited powers.
45
Q

Determining liability:

A
  • burden of proof.
  • if defendant is liable.
  • determined on balance of probabilities.
46
Q

Civil jurisdiction of Victorian courts:

A

Supreme (court of appeal)
Supreme (trial division)
Magistrate’s court - (up to $100,000)

47
Q

Strengths of court as a dispute resolution:

A
  • judges are impartial.
  • aim to reduce delay.
  • specialization depending on court hierarchy.
48
Q

Weaknesses of court as a dispute resolution:

A
  • expensive.
  • difficulty of party to understand.
  • formalities are intimidating.
49
Q

Role of jury in civil trial:

A
  • listen to facts presented
  • hear each side of the case and decide the verdict
  • unanimous verdicts v majority verdict
50
Q

Jury system strengths:

A
  • independent, impartial
  • allows community involvement
  • juries reach community values
51
Q

Jury system weaknesses:

A
  • no reason for decision
  • not all members can be on the jury
  • jurors have biases

legal studies !! (6 decks)

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