Unit 2 - Area of Study 2 - Remedies Flashcards
A civil claim for under $100,000 would be heard in.
Magistrates Court
A civil claim for over $100,000 would be heard in either of these courts
Supreme or County Court
An appeal from the Magistrates Court on a point of Law would be heard in
Supreme Court - Trial Division
An appeal from the County Court on a point of law would be heard in
Supreme Court - Court of Appeal
Which court has the lowest jurisdiction in the Victorian Court hierarchy?
Magistrates Court
A class action is most likely to be first heard in
Supreme Court - Trial Division
True/False - The Court of Appeal has no Appellate Jurisdiction
False
True/False - The County Court hears appeals from the Magistrates Court on point of fact
False
True/False - A civil claim for $9,000 would be heard in the Magistrates Court
False - It would first go through Arbitration
True/False - A jury is only present in civil cases if one party pays for their attendance.
True
A dispute resolution body which deals with consumer disputes but cannot make a legally binding outcome.
Consumer Affairs Victoria
The residential tenancies list is a category of disputes heard by
VCAT - Victorian Civil and Administrative Tribunal
An official appointed to investigate individuals’ complaints against a company or organization, especially a public authority
Ombudsman
The principle of justice which aims to give both parties the same opportunities to present their case and remove disadvantage
Equality
The principle of justice related to an individuals ability to engage with the legal system.
Access
The principle of justice which aims for court processes to be open without bias
Fairness
A dispute resolution method which has an independent third party facilitate a conversation with no direct input
Mediation
A dispute resolution method where the 3rd party is an expert and suggests potential outcomes for the two parties
Conciliation
A dispute resolution method which involves an independent 3rd party who can make a legally binding outcome.
Arbitration
An alternative dispute resolution method which is faster and cheaper than a case going to the courts.
All of them (mediation, conciliation, arbitration)
A civil jury has this many people
6
True/False: Deaf and blind people are able to serve on a jury in Victoria
False
3 reasons why someone could be removed from a jury are:
Ineligible, disqualified, excused
Who has to pay for a jury in a civil trial?
Whichever party requests it
True/False: there is always a jury in a civil trial in the County and Supreme Court
False
True/False: language barriers can limit First Nations peoples access to the civil justice system
True
How do socioeconomic disadvantages impact First Nations people?
This can limit their ability to seek justice due to the high costs of legal representation and court fees.
The two main types of remedies are:
Damages and injunctions
A remedy which aims to compensate with exactly quantifiable amounts is:
Specific damages
General damages aim to:
Compensate the plaintiff for losses which cannot be quantified such as pain and suffering.
An injunction which prevents a behaviour from occurring
Restrictive injunction
A temporary injunction is known as a:
Interlocutory injunction
An injunction which forces someone to complete an action
Mandatory injunction
A weakness of damages in restoring a plaintiff to their original position is:
Monetary compensation may not be able to compensate for pain and suffering of a plaintiff
Two challenges faced by people of low socioeconomic status could be:
Due to financial costs, parties may decide to settle out of court.
Unequal legal representation between parties.
A party may find it difficult to understand court proceedings if they can’t afford a translator.
Parties may not be able to access a jury.
Parties may be unable to afford an appeal.
Two challenges faced by young people in the legal system could be:
Lack of understanding of the civil justice system and their rights.
Lack of financial ability to initiate action or attain legal representation.
Ability to present evidence in court – children are represented by guardians so don’t present evidence as a plaintiff or defendant but may still be a witness.
Challenges with involvement in alternative dispute resolution.
Representation of children’s interests in family law mediation.
Power imbalances.
Difficulties faced by people in remote communities could be:
Lack of access to resources.
Lack of access to legal services.
Online platforms may not have relevant information.
Lack of access to technology.
The three purposes of remedies are:
To restore the plaintiff to their original position
To uphold the plaintiffs rights
To deter others from infringing on rights
