topic 3 things to know

Question 1

difference between civil law and criminal law

Answer 1

criminal law - It is the attempt to balance the right of individuals to freedom from interference with person or property and societies need for order
civil law - If found liable, the defendant has to compensate the plaintiff - it attempts to protect the rights and responsibilities of individuals in their behaviour and interactions with others

Question 2

ADR

Answer 2

settling of disputes by other means than going to arbitration (court). This is an inexpensive, informal, lengthy, and non threatening or alienating process.

Question 3

methods of ADR

Answer 3

Mediation
Arbitration
Adjudication
Conciliation
Collaborative law

Question 4

what is mediation

Answer 4

informal process that involves an impartial third party, the parties resolve their disputes and decide an outcome for themselves, with no rules of evidence.

Question 5

benefits to mediation

Answer 5

more accessible, informal atmosphere, achieves a win-win outcome for all parties

Question 6

disadvantages to meditation

Answer 6

mediators do not empose a solution, often power imbalance, not legally binding

Question 7

contracts

Answer 7

A contract is an agreement between two parties. → it has elements that make it binding and situations that can cause the agreement not to be binding

Question 8

for a contract to be formed there must be

Answer 8

1. an offer
2. acceptance
3. intention
4. consideration for the offer

Question 9

stautory protection

Answer 9

The Competition and Consumer Act 2010 (Cth) imposes strict liability on manufacturers of defective products which may cause injury or damage.

Question 10

remedies for breach of contract

Answer 10

1. Damages
2. Quantum meruit
3. Injunction
4. Order of specific performance
5. Restitution

Question 11

what is arbitration?

Answer 11

where an impartial third party listens to evidence given and determines a legally binding outcome

Question 12

what are the strengths of arbitration

Answer 12

the arbitrator has considerable amount of knowledhe in the area of dispute and determines an outcome which is legally binding

Question 13

what are limitations to arbitration

Answer 13

the legally binding decision may not benefit one or all parties, still an expensive and timely process

Question 14

what is conciliation

Answer 14

informal process which involves an impartial third party to assist the parties to resolve and determine a decision for themselves

Question 15

what are some strengths to conciliation

Answer 15

informal atmosphere, expert opinion to assist decisions, all parties must voluntarily agree to conciliation

Question 16

what are the limitations to conciliation

Answer 16

imbalance of power, conciliator can’t impose a legally binding opinion, not appropriate for all cases, not all parties will want to take part in conciliation - can withdraw at any time