Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Revision > U2 AOS2 Legal Studies > Flashcards

U2 AOS2 Legal Studies Flashcards

1
Q

What are the principles of justice?

A

Fairness, Equality, Access

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What does fairness mean?

A

An open and impartial process with no bias.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What does equality mean?

A

The same opportunities are given and disadvantages are removed.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What does access mean?

A

People being able to engage with the legal system.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What are the methods of civil dispute resolution?

A

Mediation, conciliation and arbitration.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is mediation?

A

A dispute resolution method which an independent third party facilitates a discussion between disputing parties.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Is mediation legally binding?

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is the independent third party called in mediation?

A

Mediator

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Why are civil dispute resolution methods more efficient than court?

A

They are cheaper, less formal and faster.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is conciliation?

A

A dispute resolution method with an independent third party that assists parties to a resolution.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is the independent third party in conciliation called?

A

Conciliator

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Is conciliation legally binding?

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is arbitration?

A

A dispute resolution method which the arbitrator listens to parties evidence and arguments then makes a legally binding decision.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What do parties control in arbitration?

A

The process, evidence and procedure.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Who decides the outcome in mediation?

A

Parties

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Who decides the outcome in conciliation?

A

Parties

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Who decides the outcome in arbitration?

A

Arbitrator

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What are the institutions that resolve civil disputes?

A

Tribunals, Ombudsmen and Complaint bodies.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What is the main tribunal?

A

VCAT (The Victorian Civil and Administrative Tribunal)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Why are tribunals more efficient than court?

A

It offers an alternative to traditional courts and are less formal, less expensive and faster.

21
Q

What are the divisions of VCAT?

A

Residential Tenancies division, Administrative division, Planning & environment division, civil division and Human Rights division.

22
Q

What is an ombudsmen?

A

An independent body that oversees the actions of businesses and public authorities to ensure they act fairly and in accordance with the law. They also investigate complaints and make decisions, aiming to rectify disputes.

23
Q

Are ombudsman legally binding

A

Not automatically

24
Q

What dispute resolution method does ombudsmen use?

A

Mediation

25
Q

What do complaint bodies do?

A

They investigate and resolve disputes through conciliation.

26
Q

What is an example of a complaint body?

A

CAV (Consumer Affairs Victoria)

27
Q

What does CAV do?

A

Provides information and advice to consumers businesses, landlords and tenants about their rights, responsibilities and changes to the law.

28
Q

What is the hierarchy of the Victorian Courts?

A

Magistrates
County
Supreme Court - Trial Division
Supreme Court - Court of Appeal
High court

29
Q

What is the original jurisdiction and appellate jurisdiction of Magistrates?

A

Original - minor disputes up to $100 000
Appellate - no jurisdiction

30
Q

What is the original jurisdiction and the appellate jurisdiction of County court?

A

Original - claims from $100 000 to unlimited
Appellate - no jurisdiction

31
Q

What is the original jurisdiction and the appellate jurisdiction of Supreme Court - Trial Division?

A

Original - claims from $100 000 to unlimited
- hears more complex cases
Appellate - cases from magistrates and VCAT on questions of law

32
Q

What is the original jurisdiction and appellate jurisdiction of Supreme Court - Court of Appeal?

A

Original - no jurisdiction
Appellate - cases from county and Supreme Court questions of law, fact or issues of unjust remedies.

33
Q

What is the role of the courts?

A
  • Determine the liability of a party
  • Provide access to trial by jury
  • Ensure quick processes
  • Decide remedies
34
Q

What are the key facts about the use of juries in civil law?

A
  • Only 6 jurors in a civil case
  • Jury is not mandatory and must be paid for by a party
  • Jurors are randomly selected from the electoral roll therefore they have no bias
  • Judges explain complex issues to jurors
35
Q

What is the responsibilities of the jury?

A
  • Listen to all evidence presented
  • Determine liability on the balance of probabilities
36
Q

What are the difficulties faced by First Nations people:

A
  • Cultural practices
  • Language barriers
  • Socioeconomic barriers
  • Lack of legal knowledge and lack of trust with the justice system
37
Q

What are the solutions to the difficulties of First Nations people?

A
  • Victorian Aboriginal legal aid
  • VCAT has a Koori support team
  • Courts provide staff with cultural competence training
38
Q

What are the difficulties faced by people of a low socioeconomic status?

A
  • Unequal legal representation between parties
  • May not be able to access jury
  • Parties may not be able to initiate the claim or an appeal
39
Q

What are the solutions to difficulties faced by people of a low socioeconomic status?

A
  • Class actions
  • Alternative dispute resolution methods
  • VCAT
  • Victoria legal aid
40
Q

What are the difficulties faced by young people?

A
  • Lack of legal understanding
  • Lack of financial ability to initiate a claim
  • power imbalances
41
Q

What are the solutions to difficulties faced by young people?

A
  • Victoria legal aid
  • Community legal services
42
Q

What are the difficulties faced by people in regional, rural and remote areas?

A
  • Lack of access to legal recourses
  • Lack of legal services
  • Lack of access to technology
43
Q

What are the solutions to difficulties faced by people in regional, rural and remote areas?

A
  • There are 51 Magistrates courts in Victoria
  • VCAT offers video conferencing
  • 43 community legal centres in Victoria
44
Q

What are remedies?

A

A remedy is a court order that aims to correct a civil wrong/breach and restore the plaintiff back to their original position.

45
Q

What are the purposes of a remedy?

A
  1. Return the plaintiff to their original position
  2. Uphold the plaintiff’s rights
  3. Deter others from civil breaches
46
Q

What are the types of remedies?

A
  • Damages = monetary payments that compensate for losses caused by civil breaches.
  • Injunctions = court orders that either prevent or require a party to do something.
47
Q

What are the type of damages?

A
  • Specific damages = for losses that have a precise value
  • General damages = for losses that do not have a specific value
  • Aggravated damages = for losses caused by a defendant’s behaviour that involves malicious/oppressive actions.
48
Q

What are the types of injunctions ?

A
  • Mandatory injunctions = forces a party to do something
  • Restrictive injunction = prevents a party from doing something
  • Interlocutory injunction = a temporary injunction
  • Final Injunction = a permanent injunction.

Revision (7 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions