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Legal Studies 3/4 > U3AO2 - Civ Law - Principles of Justice > Flashcards

U3AO2 - Civ Law - Principles of Justice Flashcards

1
Q

Principles/ procedures/ insitutions that achieve fairness x7

A
  • Burden of proof with plaintiff
  • ‘Balance of probabilities’ standard of proof (lower than civil because consequences are less)
  • Defendant can present their case
  • Alternative methods of dispute resolution (less costly / time consuming)
  • Independantant judge and/or jury
  • Systems to reduce delays (court heirarchy, alt. methods, VCAT, CAV, case manag. powers)
  • Remedies awarded in a civil dispute allow plaintiff to be returned to initial position
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2
Q

Principles/ procedures/ insitutions that achieve equality x4

A
  • Court procedures apply equally to everyone
  • Rule of law is upheld
  • Independant judge/jury
  • Organisational support available to reduce inequality (VLA, CLCs)
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3
Q

Principles/ procedures/ insitutions that achieve access x7

A
  • Class actions
  • Systems to reduce delays
  • CAV provides info
  • VCAT is low cost
  • Alt. methods of dispute resolution is timely and cheaper
  • Remedies allow plaintiff to be returned to their original position
  • Translators available
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4
Q

Define mediation

A

A non-judicial dispute resolution method involving an independent third party, known as a mediator, who facilitates conversations between disputing groups

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5
Q

Who can order mediation x4

A

Magistrate - yes
County/Supreme - yes
VCAT - goods/services between $500 - $10,000
CAV - no

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6
Q

Circumstances where mediation is appropriate x5

A
  • A relationship needs to be maintained between 2 parties
  • Parties are willing to discuss issues
  • Parties prefer privacy and confidentiality
  • Both parties want lower legal fees
  • Promp resolution must be reached
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7
Q

Circumstances where mediation is not appropriate x5

A
  • Parties are highly emotional
  • Parites are unwilling to discuss issues
  • Power imbalance means one party will ‘give up too much’
  • History of violence/threats between parties
  • Parties want a binding result/prefer formalities of court
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8
Q

Ability of mediation to achieve fairness x3, x3

A
  • Parties control outcome, resolution not reached until compromise is achieved
  • Mediator is impartial
  • Faster than a trial, fairer outcome due to minimised delays
  • Power imbalance may cause forced/unfair resolution
  • Not legally binding, parites may break agreement
  • Parties unwilling to negotiate limit fairness as there isn’t an indepdant third party
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9
Q

Ability of mediation to achieve equality x3, x1

A
  • Rules of evidence/ procedure don’t apply, parties can speak freely
  • Unrepresented parties less likely to be disadvantged
  • Legal representation usually not required, promoting equality
  • One vulnerable party can lead to a forced outcome with an unequal agreement
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10
Q

Ability of mediation to achieve access x3, x1

A
  • Less costly, legal rep not usually required
  • Sensitive disputes can be private, comforting plaintiff
  • Less formal, comforting plaintiff and letting them initate claim
  • Mediation may be inappropriate in long running disputes, limiting access to justice
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11
Q

Define conciliation

A

A non-judicial dispute resolution method involving an independent third party, known as a conciliator, who possesses specialist knowledge about the type of dispute in question and assists parties in a dispute reach a resolution.

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12
Q

Who can order conciliation x4

A

Magistrates - yes
County/Supreme - yes
VCAT - attend compulsory conferences that use conciliation
CAV - primarily uses conciliation

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13
Q

Circumstances where conciliation is appropriate x4

A
  • Relationship needs to be maintained between parties
  • Parties are willing to discuss issues
  • Parties prefer privacy and confidentiality
  • There is an admission of guilt by one party
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14
Q

Circumstances where conciliation is not appropriate x5

A
  • Parties are highly emotional
  • Parties are unwilling to discuss issues
  • History of violence/threats between parties
  • Power imbalance
  • Parties want a binding result or prefer formalities of court
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15
Q

Ability of conciliation to achieve fairness x3, x3

A
  • Control over outcome
  • Conciliator is unbiased
  • Faster than a trial, reducing court load and delays
  • Power imbalance can cause forced resolution, limiting fairness
  • Not legally binding
  • If it fails, conciliation can be a waste of time or money
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16
Q

Ability of conciliation to achieve equality x3, x1

A
  • Unrepresented parties aren’t disadvantaged
  • Rules of evidence / procedure aren’t used, parties can speak freely
  • Conciliators will usually only allow legal representation if both parties have it
  • Vulnerable parties may lead to forced, unequal outcomes
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17
Q

Ability of conciliation to achieve access x3, x1

A
  • Cheaper, no legal rep, more accessible
  • Private nature good for senstive disputes, comforting plaintiff
  • Less formal, comforting plaintiff
  • May be inappropriate for long-running disputes, limiting access
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18
Q

Define Arbitration

A

A non-judicial resolution method involving an independent third party, known as the arbitrator, who listens to parties present evidenceand makes a binding decision.

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19
Q

Who can order arbitration x4

A

Magistrate - Obliged to order if dispute is under $10,000
County/Supreme - yes, if consent from both parites
VCAT - yes (but not done internally)
CAV - no

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20
Q

Circumstances where arbitration is appropriate x3

A
  • Parties agree
  • Dispute in Mag court less than $10,000
  • Case requires binding decision
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21
Q

Circumstances where arbitration is not appropriate x3

A
  • Parties don’t agree to arbitrate
  • Parties are comfortable in court
  • Parties would like greater control over outcome
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22
Q

Ability of arbitration to achieve fairness x3, x3

A
  • Fewer delays
  • Parties able to decide on a suitable arbitrator
  • Arbitrator is independant
  • Relaxed rules of evidence may allow for inadmissible evidence in court to be presented
  • Limited ability to appeal
  • One self-represented party may have limited fairness
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23
Q

Ability of arbitration to achieve equality x2, x2

A
  • Not bound by formal court procedures, parties can more freely speak
  • Self-represented parties will typically be assisted by arbitrator
  • Lack of legal rep can create power imbalance
  • Private nature means consistancy between cases can’t be assured
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24
Q

Ability of arbitration to achieve access x2, x1

A
  • Less formal, process more accessible due to flexibility, efficiency, less intimidating
  • Good for sensitive cases as private
  • More expensive than mediation/concilation
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25
Q

Define Court hierarchy

A

The arrangement of courts in order of superiority

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26
Q

Magistrate Civil original and appellate jurisdiction

A
  • Civil claims under $100,000
  • N/A
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27
Q

County Civil original and appellate jurisdiction

A
  • Unlimited
  • N/A
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28
Q

Supreme (Trial) Civil original and appellate jurisdiction

A
  • Unlimited
  • Appeals from VCAT and Mag court on a question of law
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29
Q

Supreme (appeal) Civil original and appellate jurisdiction

A
  • N/A
  • County, Sup (trial), appeals from VCAT presidient/VP on a question of law
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30
Q

High Court Civil original and appellate jurisdiction

A
  • N/A
  • With standing, appeals from the Sup Court (appeals)
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31
Q

Define Administrative convenience

A

The systematic benefit derived from legal matters being distributed amongst the courts according to their complexity and severity

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32
Q

Administrative convenience in the courts

A
  • Superior courts can devote time/resources to longer, cmplex disputes
  • Lower courts can quickly resolve a large number of minor disputes minimising delays
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33
Q

Define appeal

A

A legal process that a dissatisfied party may pursue to have the court’s decision reviewed by a higher court

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34
Q

Grounds of appeal x3

A
  • Question of law
  • Question of fact
  • Remedies awarded
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35
Q

Ability of court hierarchy to achieve fairness x2, x2

A
  • Ability to correct errors are theoretically available to everyone, which is fair
  • Adminsitrative convenience minimises delays, promoting fair treatement
  • Party seeking appeal must bear costs, meaning some can’t afford to have incorrect decisions overturned
  • Many delays still exist
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36
Q

Ability of court hierarchy to achieve equality x1, x1

A
  • Administrative convenience means similar disputes are heard in the same way in the same court, meaning all parties are treated the same
  • An appeal may be unavalible due to costs, limiting equality for people of low socioeconomic status
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37
Q

Ability of court hierarchy to achieve access x2, x2

A
  • Parties automatically have access to the correct court, as courts publish jurisdiction, allowing plaintiffs to knowledgably navigate legal system
  • Court hierarchy means decisions are public and subject to review by higher courts, ensuring predictability
  • Party initiating appeal is responsible for cost, restricting access for some
  • Grounds for appeal is necessary, meaning some parties can’t access appeals
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38
Q

Role of judge/magistrate in civil dispute x7

A
  • Case management
  • Manage trial/hearing
  • Apply rules of evidence/proecdure
  • Direct jury (judge only)
  • Remain unbiased
  • Determine liability of defendant (Mag, sometimes judge)
  • Award remedies
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39
Q

Differences between judge and magistrate x4

A
  • Court the case is heard in
  • Seriousness of dispute
  • Ability to award remedies (judges have more discression)
  • Jury directions (judge yes, magistrate no)
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40
Q

Define case management powers

A

The ability of a judge or magistrate to make orders and provide directions to the parties about the proceedings, with the aim of ensuring justice is delivered efficiently

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41
Q

Judicial powers of case management x5

A
  • Direct parties to attend directions hearings
  • Direct parties to attend mediation
  • Give directions relating to discovery
  • Determine deadlines
  • Control the trial or hearing process (limit witnesses/time)
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42
Q

Define Directions hearing

A

The preliminary hearings that take place before a civil trial, during which the judge or magistrate has the authority to issue orders to ensure the case is moving forward as intended

43
Q

Ability of judges to achieve fairness x1, x1

A
  • Independant, ensures no bias and that the case follows rules of evidence
  • Rely on parties to present all evidence, meaning a self-represented party may prevent all relevant facts bein presented, preventing a fair outcome
44
Q

Ability of judge to achieve equality x1, x1

A
  • Make sure rules of evidence and procedure apply equally to all parties
  • Still subject to personal bias, may unconsciously descriminate
45
Q

Ability of judge to achieve access x1, x1

A
  • Case management powers minimise cost of disputes and increase accessibility of system
  • Accessing a hearing/trial can be hard due to high costs and delays.
46
Q

Similarities of judges in a criminal/civil case x3

A
  • Independant umpire of the courtroom
  • Ensure correct procedures are applied
  • If there is a jury, judge must instruct jurors and give directions
47
Q

Differences of judges in a criminal/civil case x3

A
  • Criminal judges don’t have a role in pre-trial case maagement
  • Criminal - guilt, civil - liability
  • Criminal - sanctions, civil - damages/injunction
48
Q

Role of jury x3

A
  • Remain objective
  • Listen to evidence/judges directions/submissions from lawyers
  • Determine liability and damages
49
Q

Ability of jury to achieve fairness x2, x2

A
  • Random cross-section of community decides verdict, promoting fairness
  • Juries can only listen to info from courtroom, encouraging impartiality
  • No legal training, may choose unfair verdict
  • Not required to give rationale, no guarantee law has been correctly applied
50
Q

Ability of jury to achieve equality x1, x2

A
  • Both parties can request a jury
  • High cost may limit equality
  • As some people are ineligible for jury duty, may not be a true cross section of community
51
Q

Ability of jury to achieve access x1, x3

A
  • Lawyers will talk in plain English, allowing both parties to understand processes
  • High fees mean unaccessible
  • Increases delays due to empanelment and explaining legal concepts
  • Hung juries / jury misconduct means retrialing, increasing delays
52
Q

Similarities of civil and criminal jury x2

A
  • Ensure impartiality
  • Juries are obliged to listen to instructions, directions and evidence
53
Q

Differences of civil and criminal jury x2

A
  • Criminal - guilt beyond a reasonable doubt, civil - liability on balance of probabilities
  • Criminal - never sanction, civil - sometimes damages
54
Q

Role of plaintiff x3

A
  • Control their own case (select evidence, choose witnesses)
  • Disclosure of all relevant documents
  • Present evidence
55
Q

Role of defendant x3

A
  • Control their own case (select evidence, choose witnesses)
  • Disclosure of all revelant documents
  • Present defenses
56
Q

Similarities between civil and criminal role of parties x3

A
  • Party who initiates legal action bears burden of proof
  • Party who initates legal action are required to present evidence
  • Party who is brought to court is allowed to, but doesn’t have to, give defences
57
Q

Differences between civil and criminal role of parties x3

A
  • Criminal - accused pleads guilty or not guilty, Civil - defendant doesn’t have to state liability
  • Criminal - beyond a reasonable doubt, Civil - on the balance of probabilities
  • Civil - plaintiff has full party control, criminal - victim is represented by DPP
58
Q

Ability of the parties to achieve fairness x1, x2

A
  • Party control means parties can participate in and have control over civil court process
  • Self-represented parties may not present all relevant evidence, leading to an unfair outcome
  • Self-reprsented parties may not present evidence in the best light, leading to an unfair outcome
59
Q

Ability of the parties to achieve equality x2, x1

A
  • Equal opportunity to present case in court
  • Both parties must listen to court processes and procedures
  • Not all parties are equally able to present evidence, meaning if lawyers can’t be afforded, equality can’t be achieved
60
Q

Ability of the parties to achieve access x1, x1

A
  • Courts provide general guidance, increasing individuals knowledge of the legal system
  • VLA and CLC’s usually have few resources for civil cases, decreasing an individuals ability to learn about legal system during case
61
Q

Need for legal practitioners in a civil case x5

A
  • Advise clients on their legal rights
  • Present evidence and cross-examine witnesses
  • Provide objectivity (not emotionally invested)
  • Ensure documents are properly drafted and handled
  • Provide support (can provide comfort for stressed parties)
62
Q

Ability of lawyers to achieve fairness x4, x3

A
  • Ensure all relevant evidence is provided, fair outcome
  • Can inform parties about proceedings, allowing them to participate in an ope and informed manner
  • When both parties have lawyers, delays are reduced as legal principles don’t have to be explained
  • Lawyers can be objective, leading to an impartial accunt of events to emerge
  • One party having lawyers can lead an unfair outcome
  • Quality of lawyers can lead to poorly presented evidence
  • Ability to appeal may be limited if lawyers can’t help
63
Q

Ability of lawyers to achieve equality x2, x2

A
  • All parties have same ability to choose their legal representation
  • Judges can inform self-represented parties of legal practices and proceedings in a dispute, promoting equality
  • Cost of legal rep reduces equality
  • If both parties are self-represented, one parties legal knowledge may lead to a power imbalance between parties
64
Q

Ability of lawyers to achieve access x3, x2

A
  • Help parties prepare for case, increasing understanding of law and legal proceedings
  • ‘no win no fee’ arrangement which may encourage plaintiff to seek justice
  • Increased ability access appeals process if lawyer is hired
  • Cost of lawyers is unaccessible for many
  • Parties without representation may not understand rights, reducing access
65
Q

Define class action and give the 3 criteria necessary to start one

A

A legal proceeding brought by one or numerous plaintiffs acting for themselves as well as on behalf of a wider group of people who have a claim with similar facts

  • 7 or more people claiming against the same defendant(s)
  • Claim must arrise from the same/similar/related circumstances
  • Claim just give issue to a the same issue of law
66
Q

Define lead plaintiff

A

An individual in a class action who represents an entire group of people who were allegedly harmed by a defendant’s wrongdoing

67
Q

Responsibilities of lead plaintiff x4

A
  • Assuming risk/cost of litigation
  • Ensuring claim serves interest of all group members
  • Providing instructions for lawyers about conduct of claim and making decision about settlement/negotation offers
  • Filing case under own name
68
Q

Financial impact of class actions

A

If it fails - lead plaintiff is solely responsible for all costs
If it succeeds - Class members share in costs and winnings

69
Q

Define third-party litigation funders

A

A commercial entity that agree to meet the costs of the litigation in return for a portion of the damages

70
Q

Ability of class actions to achieve fairness x5, x4

A
  • Can provide remedies for losses to small to bring individual cases
  • Managed by experienced and impartial jduges
  • Supported by experienced lawyers, case is presented in best light
  • Juries are available in the Supreme Court, case determined by impartial cross-section of society
  • Litigation funders can allow more class actions to be brought
  • Fairness can depend on settlement reached
  • Lead plaintiff is required to assume all risk, which may be considered unfair
  • Group members who ‘opt out’ aren’t bound by settlement
  • Juries aren’t available in the Federal Court
71
Q

Ability of class actions to achieve equality x1, x2

A
  • Litigation funding may allow a case to begin, meaning group members aren’t disadvantaged on the basis of socioeconomic status
  • Lack of litigation funding may mean a case can’t begin due to socioeconomic status of lead plaintiff
  • Lead plaintiff is required to assume all risk, which is unequal as they aren’t treated the same
72
Q

Ability of class actions to achieve access x3, x4

A
  • Individuals who can’t afford an individual case can join a class action
  • Reduce court time and resources
  • Litigation funding allows some litigations to bring a class action who couldn’t afford to otherwise
  • Access to justice may be reduced if settlement isn’t enough
  • Class actions can be costly, reducing access if a litigation funder can’t be found
  • Delays of class actions can reduce access
  • Group members may not understand processes, limiting access
73
Q

Define Consumer Affairs Victoria

A

The Victorian civil complaints body that provides information and helps resolve disputes to create a fair and competitive marketplace for consumers and businesses

74
Q

Jurisdiction of CAV

A
  • Complaint against business by consumer
  • Complaint against landlord by tenant
75
Q

Purposes of CAV x4

A
  • Creting a fair and competitive marketplace
  • Providing informationa dn advice
  • Providing accessible dispute resolution services
  • Providing an avenue to resolve minor disputes efficiently and with minimal costs
76
Q

Circumstances when CAV is appropriate x6

A
  • Dispute falls within CAV’s juridiction
  • Parites hve attempted to resolve dispute themselves
  • Both parties are willing to attend conciliation
  • Parties wish to avoid court / VCAT costs
  • Parties are willing to settle
  • Both parties are willing to comply with an agreement reached
77
Q

Circumstances when CAV isn’t appropriate x8

A
  • Dispute doesn’t fall under CAVs jurisdiction
  • Parties ahven’t attempted to resolve the dispute themselves
  • One or both parties aren’t willing to attend conciliation
  • There is a better method of dispute resolution
  • The court or VCAT has already ruled or is waiting to rule on the matter
  • The dispute is initated by a landlord or business
  • The dispute is a class action
  • One or more parties want a legally binding decision
78
Q

Ability of CAV to achieve fairness x3, x2

A
  • Reduces delay and stress, ensuring impartial processes
  • Free, parties who can’t afford to have case heard through the corts can still participate in the justice system
  • Parties can attempt to resolve the dispute themselves, leading to a fairer outcome where both parties are benefitted
  • CAV can’t force parties to attend conciliation, limiting fairness for one party
  • CAV can’t pose a legally binding resolution
79
Q

Ability of CAV to achieve equality x1, x1

A
  • Both parties have the same opportunity to present perspective
  • Limited jurisdiction, not all parties have same ability to access CAV’s services
80
Q

Ability of CAV to achieve access x4, x2

A
  • Free, accessible
  • Can be conducted over the phone
  • Informal, less intimidating, encourages people to bring civil claims
  • Private, access for parties with sensative cases
  • Limited jurisdiction, limited access
  • May not result in an agreement, limiting access
81
Q

Define VCAT

A

A dispute resolution body that has the power to hear and determine certain types of civil and administrative disputes

82
Q

Divisions of VCAT x5

A
  • Residential Tenancies
  • Administration
  • Planning and Environment
  • Civil
  • Human Rights
83
Q

VCAT process

A
  • Fast tracked mediation and hearing
    OR
  • Mediation
    OR
  • Compulsory conferenes (conciliation)
    IF THESE ARE UNSUCCESSFUL
  • Final hearing (presided over by a VCAT member)
  • Appealing a VCAT decision (only on question of law)
84
Q

Purposes of VCAT x3

A
  • To provide low-cost dispute resolution services
  • To provide efficient dispute resolution services
  • To provide accessible dispute resolution services
85
Q

Circumstances when VCAT is appropriate x7

A
  • Dispute falls within VCAT’s jurisdiction
  • Parties prefer an informal dispute resolution process
  • Parties want to try to resolve the dispute themselves and have some control over the outcome
  • Parties desire an option to negotiate but, if this is unsuccessful, wish to have a legally bindign decision enforced in a hearing
  • Both parties willing to comply with agreement
  • Parties are willing to only appeal on question of law
  • Parties want low-cost and time-efficient resolution
86
Q

Circumstances when VCAT is not appropriate x8

A
  • Case doesn’t fall in VCAT’s jurisdiction
  • One party is unwilling to negotiate
  • Case is a class action
  • Parties want greater ability to appeal
  • Parties prefer laywers
  • Claim is for large damages
  • Case involves complex legal issues
  • There is a better way to resolve the dispute
87
Q

Ability of VCAT to achieve fairness x4, x4

A
  • Legally binding, promoting fairness
  • Encourages parties to use other dispute resolution methods first, giving them greater control
  • Quick, can participate in justice system in a reasonable time
  • VCAT members are impartial and independant
  • Doesn’t have juries
  • Doesn’t require legal representation, may not present case in best light
  • Limited right to appeal
  • Doesn’t have strict rules of evidence and procedure, inadmissible evidence may be presented
88
Q

Ability of VCAT to achieve equality x3, x3

A
  • Can take special measures for people with social, cultural or physcial damages to participate, ensuring equality
  • Equal opportunity to present case
  • Impartial and independant VCAT emmbers
  • Limited jurisdiction, not equally available
  • Self-represented parties may be at a disadvantage
  • VCAT members can’t give legal advice to self-represented parties
89
Q

Ability of VCAT to achieve access x5, x4

A
  • Low cost, accessible
  • Less formal, less intimidating, more accessble
  • Can be done over phone
  • Doesn’t require legal representation
  • Provides translating services
  • Limited jurisdiction
  • Certain VCAT fees are still high
  • Limited access to appeals
  • Lack of legal representation may limit parties who don’t speak much English
90
Q

Purposes of the courts x8

A
  • Provide acces to an independent, experienced, and knowledgeable judicial officer
  • Enforce procedural fairness
  • Provide access to a trial by jury
  • Provide dispute resolution for class actions
  • Provide a legally binding outcome
  • Order a remedy
  • Provide an opportunity to appeal the outcome of a case
  • Set precedent for future cases
91
Q

Circumstances where the courts are appropriate x8

A
  • The claim falls within the courts’ jurisdiction
  • The parties want a judicial officer to impose a legally binding decision
  • Large and complex (class action)
  • Parties prefer formalities of court
  • Both parties can afford legal representation
  • Parties have considered possible costs and delays
  • Parties want greater ability to appeal
  • Parties prefer application of precedent
92
Q

Circumstances where the courts aren’t appropriate x6

A
  • Parites want to negotiate the dispute themselves
  • Parties don’t want court formalities
  • Parites prefer less costly/time consuming resolution method
  • More effective to have case heard through VCAT or CAV
  • Parties wish to self-represent
  • Parties prefer greater influence over outcome
93
Q

Ability of the courts to achieve fairness x4, x3

A
  • Judges are independant
  • Jurors (if used) are a cross-section of the community
  • Both parties are able to present their side, facts of the case are clearly established
  • Procedural fairness can be achieved through court proceedings
  • Time consuming, polonging achievement of justice
  • Jurors (if used) may be subcousiously biased
  • Self-represented parties increase likelihood of unfair trial
94
Q

Ability of the courts to achieve equality x2, x3

A
  • Court procedures apply equally to both parites
  • Parties have equal opportunity to present their case
  • Only one party having a lawyer decreases equality
  • Cost of courts can impact individuals of low socioeconomic status
  • Quality of legal representation can be unequal
95
Q

Ability of the courts to achieve access x2, x3

A
  • Access to legally binding resolution
  • Jurisdiction covers range of civil matters
  • High cost can be inaccessible
  • Jury is paid for by parites, limiting access to a jury
  • Without legal representation, access to understanding legal system can be difficult
96
Q

Type of legal costs x7

A
  • Barrister’s fees
  • Solicitors’ fees
  • Expert witness fees
  • Court fees
  • Fees for filing court documents
  • Use of a jury
  • Appeals
97
Q

Ability of civil justice system to achieve fairness in relation to costs x2, x2

A
  • Court/VCAT fees are tiered based on type of party (standard, corporate, concession)
  • Court can order adverse cost orders
  • High costs may lead to settlements rather than cases
  • Self-represented parties may lead to an unfair outcome
98
Q

Ability of civil justice system to achieve equality in relation to costs x2, x3

A
  • Parties eligible for VLA can get a lawyer, reducing inequality
  • Less costly dispute resolution bodies may not require legal representation
  • High costs reduce equality
  • Quality of legal representation may be unequal
  • Self-represented parties may be on equal footing with skilled lawyers
99
Q

Ability of civil justice system to achieve acces in relation to costs x2, x5

A
  • Judicial powers of case management parties can be ordered to attend mediation, increasing access
  • Use of alternative dispute resolution methods prior to trail promotes access
  • High costs decrease ability to start or challenge a claim
  • High cost may lead to accepting an unfair settlement, limit ability to access just
  • Access to a jury can be limited
  • High cost of appeal limits access
100
Q

Type of delays x4

A
  • Court backlogs
  • VCAT delays
  • Gathering evidence and preparation for a trial
  • Trial procedures
101
Q

Ability of civil justice system to achieve fairness in relation to delays x2, x2

A
  • Dispute resolution bodies like VCAT have lower waiting times
  • Case management powers can reduce time taken to resolve a dispute
  • Delays can compromise procedural fairness and increase stress for all parties
  • Delays can impact credibility of evidence
102
Q

Ability of civil justice system to achieve equality in relation to delays x1, x2

A
  • Orders and directions given by a dispute resolution to reduce delays apply equally to partis
  • Use of case management powers can differ between judges, reducing equality between cases
  • Delays will disproportiontely affect parties unfamiliar to the court system
103
Q

Ability of civil justice system to achieve access in relation to delays x3, x2

A
  • Range of dispute resolution bodies can ensure justice is accessible
  • Case management powers can encourage early determination of cases
  • Use of alternative resolution methods can result in the prompt resolution of justice, increasing access both in that case and reducing overall delays
  • Delays may discourage prospective plaintiff from initiating legal action
  • Parites may be forced to withdraw due to limited fiancial resources, reducing access

Legal Studies 3/4 (10 decks)

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