the role and civil jurisdictions in victoria

Question 1

determining liability

Answer 1

courts determine whether the defendant is liable based on the balance of probabilities
- courts act as the decider of facts
- courts apply strict rules of evidence and procedure
- courts will manage the case before it reaches trial

Question 2

part of the courts role in determining liability will:

Answer 2

• provide specialisation and expertise (in the type of dispute it is a hearing, e.g. supreme court deals with major complex cases)
• manage the case (judges have significant powers of case management, a court can assist the parties through the stages of the proceeding before it reaches the final hearing)
• hear appeals (if a party is dissatisfied with a decision, they may be able to appeal the decision if there are grounds to do so)

Question 3

balance of probabilities definition

Answer 3

requires the plaintiff to establish that it is more probable (likely) than not that their version of the facts is correct
- the standard of proof in civil disputes

Question 4

deciding on the remedy

Answer 4

• if the defendant (or plaintiff) is liable, courts decide on a remedy
• if a jury is present the jury decides the remedy (except in defamation cases)
• damages (monetary remedy) is the most common remedy, otherwise an injunction may be ordered

Question 5

original jurisdiction definition

Answer 5

the power of a court to hear a case for the first time

Question 6

appellate jurisdiction

Answer 6

the power of a court to hear a case on appeal

Question 7

magistrate’s court - original jurisdiction

Answer 7

• claims of up to $100 000
• when less than $10 000 is being claimed, arbitration is used
• less complex

Question 8

magistrate’s court - appellate jurisdiction

Answer 8

• none (due to the magistrate’s court being the lowest court)

Question 9

county court - original jurisdiction

Answer 9

• $100 000 or over (unlimited claims)
• more complex

Question 10

county court - appellate jurisdiction

Answer 10

• none (unless specified by an Act of Parliament)

Question 11

supreme court (trial division) - original jurisdiction

Answer 11

• $100 000 or over (unlimited claims)
• most complex

Question 12

supreme court (trial division) - appellate jurisdiction

Answer 12

• appeals from the magistrate’s court or VCAT
• only on a point of law

Question 13

supreme court (court of appeal) - original jurisdiction

Answer 13

• none (only hears appeals)

Question 14

supreme court (court of appeal) - appellate jurisdiction

Answer 14

• appeals from the county court or supreme court (trial division) on a point of law, questions of fact or the amount of damages
• appeals from VCAT cases heard by the President or Vice-President of VCAT

Question 15

strengths of the court in resolving civil disputes

Answer 15

• judges are impartial and unbiased and ensure procedural fairness to all parties
• judges use active judicial case management to try and minimise delay
• courts also encourage parties to attend mediation or fast track some cases to minimise delay
• decisions are binding but can normally be appealed

Question 16

weaknesses of the court in resolving civil disputes

Answer 16

• as legal representation is usually needed, courts are very expensive
• complex procedures still mean delays often cannot be avoided
• not always available as a method of dispute resolution
• parties without access to legal representation are at a disadvantage

Question 17

counter claim definition

Answer 17

a seperate claim made by the defendant in response to the plaintiff’s claim (and heard at the same time by the court)

Question 18

case management definition

Answer 18

a method used by courts and tribunals to control the progress of legal cases more effectively and efficiently
- generally involves the person presiding over the case (the judge) making order and directions in the proceeding

Question 19

discovery of documents definition

Answer 19

a pre-trial procedure that requires the parties to list all the documents they have that are relevant to the case