UNIT 2 AOS2

Question 1

define civil law

Answer 1

involves solving disputes between people where rights have been infringed. the plaintiff seeks a remedy to address the breach of their rights by the defendant

Question 2

define remedy

Answer 2

a legal solution for a breach of civil law. the purpose is to restore the plaintiff to their previous state before their loss was suffered.

Question 3

fairness (POJ in civil law)

Answer 3

fair processes and a fair hearing. parties should know what the claims and defences are and be able to present their case

Question 4

equality (POJ in civil law)

Answer 4

people should be equal before the law. should be treated impartially and without bias

Question 5

access (POJ in civil law)

Answer 5

people should be able to understand legal rights and use correct methods/procedures/institutions to resolve their civil case

Question 6

mediation (method to resolve civil disputes)

Answer 6

cooperative process between parties. overseen by neutral and impartial mediator to help parties compromise. mediators don’t make a decision

Question 7

conciliation (method to resolve civil disputes)

Answer 7

cooperative process between parties. overseen by neutral and impartial conciliator. listens and makes suggestions. used by courts/tribunals

Question 8

arbitration (method to resolve civil disputes)

Answer 8

more formal. witnesses and evidence are used. arbitrator is an independent third party who issues a legally binding decision

Question 9

tribunals (institution to resolve civil disputes)

Answer 9

aims to provide individuals with a low cost, speedy and effective method of dispute resolution. an alternative to courts and more appropriate for smaller less complex civil disputes. (commonwealth tribunal-fair work, Victorian tribunal-victorian civil and administrative tribunal)

Question 10

ombudsman (institution to resolve civil disputes)

Answer 10

government official who investigates complaints from individuals against certain bodies. free, but not a court (public transport ombudsman)

Question 11

complaints body (institution to resolve civil disputes)

Answer 11

established by parliament to help people with complaints about certain matters. they provide free services and focus on a particular industry. (victorian equal opportunities and human rights commission- discrimination and sexual harassment)

Question 12

role of courts in civil disputes

Answer 12

determining liability (based on balance of probabilities) and deciding an appropriate remedy

Question 13

strengths of courts resolving civil disputes

Answer 13

judges are impartial and unbiased which ensures fairness, decisions are binding but can be appealed

Question 14

weaknesses of courts resolving civil disputes

Answer 14

expensive to get legal representation, not always available as a method of dispute resolution, parties without access to legal representation are at a disadvantage

Question 15

role of jury in a civil trial

Answer 15

consists of 6 random jurors. jury is rarely used in civil trials, but if so, the party requesting the jury must pay for it. jury decides on balance of probabilities which parties version of the facts is more accurate. unanimous (6/6), or majority (5/6)

Question 16

strengths of jury in a civil trial

Answer 16

allow for community involvement (reflects society values), decision is made by a group so less burden on judge

Question 17

disadvantages of jury in a civil trial

Answer 17

can be swayed by persuasive barristers, may be prejudices within group, some members of the community may struggle to fulfil the role

Question 18

damages (type of remedy)

Answer 18

money paid by defendant to plaintiff to compensate for loss suffered. can be compensatory (special/specific, general, aggravated), nominal (plaintiffs rights infringed but no loss suffered), exemplary (punishment for defendant and a general deterrence), contemptuous (court feels plaintiff does not deserve to receive damages

Question 19

effectiveness of damages depends on whether…

Answer 19

loss is economic/non economic, injury is permanent, defendant is capable of paying

Question 20

injunction (type of remedy)

Answer 20

an oder for the defendant to do something or refrain from doing something

Question 21

effectiveness of injunctions depends on whether…

Answer 21

defendant will comply with injunction, actions have caused a lot of damage, the plaintiff can be restored to previous position (may be too late)