UNIT 4 OUTCOME 1 Flashcards
Civil law
The body of law that exists to protect the rights and obligations between parties. Parties include individuals, groups or organisations. The party who has been injured can be sue the party who caused the injury in order to recover a form of remedy.
Criminal law
The body of law that deals with the commission of crimes by the accused against society. these are prosecuted by the director of public prosecution on behalf of society.
Appellate jurisdiction
The power or authority that a court has to hear appeals brought to it from courts lower in the hierarchy.
Original jurisdiction
The power or authority a court has to hear cases at first instance, or for the first time.
Indictable offence
A serious offence that is able to be heard before a judge and jury in the county or supreme court.
Summary offence
A minor, less serious offence that is heard by the magistrates’ court and decided on by the presiding magistrate.
Appeal
The process by which a party who is unhappy with the decision made by the court in their case can seek to have their case heard by a higher, more superior court, if the are able to establish sufficient grounds for an appeal.
Mediation
The process by which two or more parties to a civil dispute attempt to resolve their dispute between themselves, with the assistance of at least one independent third party called a mediator. The role of the mediator is to facilitate the discussion between the parties in order to help them reach a resolution, but the mediator forms no other part of the negotiation process. Any discussions or resolutions made are not legally binding.
Conciliation
The process by which two or more parties to a civil dispute attempt to resolve their disputes between themselves, with the assistance of an independent third party called a conciliator. The role of the conciliator is to facilitate discussion between the parties, listen to evidence and arguments and suggest solutions, in order to help the parties reach a resolution. Any decisions or resolutions made are not legally binding.
Arbitration
The process whereby an independent third party, an arbitrator, listens to the evidence and arguments between the disputing parties in a civil dispute and makes a legally binding decision on their behalf.
Judicial determination
Involves the parties to the case presenting arguments and evidence to a judicial officer, who will then make a legally binding decision about the outcome of the case.
Judicial officer
A judge or associated judge of the supreme court or county court, a magistrates or judicial registrar of the magistrates’ court or children’s court, a coroner or a member of the Victorian Civil and Administrative Tribunal.
VCAT
The Victorian Civil and Administrative Tribunal was established in 1998 as an amalgamation of 15 different boards and tribunals, to provide speedy, effective and accessible resolution of civil disputes in a range of areas.
