UNIT AOS2 - REMEDIES

Question 1

WHAT ARE THE 3 PRINCIPLES OF JUSTICE?

Answer 1

Fairness, Equality and Access

Question 2

WHAT IS FAIRNESS AND GIVE ME AN EXAMPLE?

Answer 2

all people can participate in justice system and its processes should be impartial and open. e.g. the right to legal representation.

Question 3

WHAT IS EQUALITY AND GIVE ME AN EXAMPLE

Answer 3

all people should be treated the same regardless of race and other personal attributes. e.g. availability of a translator

Question 4

WHAT IS ACCESS AND GIVE ME AN EXAMPLE

Answer 4

all people should be able to use procedure methods that are apart of the legal system.
e.g. right to legal aid (lawyers, legal advisors)

Question 5

WHAT ARE THE 3 TYPES OF METHODS TO USE TO RESOLVE DISPUTES?

Answer 5

mediation, conciliation and arbitration

Question 6

MEDIATON

Answer 6

mediation uses the process of negotiation (a joint problem solving technique (non-judicial)
which involves parties to discuss issues with the aim of reaching an agreement)
- mediators cannot suggest or make and decisions for the parties

Question 7

MEDIATION STRENGTHS AND LIMITATIONS?

Answer 7

advantages:
mediation doesnt involve court proceedings and legal representation saving costs
limitation:
generally conducted in private (which can limit fairness)

Question 8

CONCILIATION

Answer 8

conciliation uses the process of negotiation (a joint problem solving technique(non judicial)
which they possess knowledge about the type of dispute and assists them)
- can suggest and offer opinions for parties

Question 9

CONCILIATION STRENGTHS AND LIMITATIONS?

Answer 9

advantages:
conciliators are unbiased leading to a fairer income
limitations:
not legally binding

Question 10

ARBITRATION

Answer 10

• arbitration is more formal than conciliation and mediation
  conciliation uses the process of negotiation (a joint problem solving technique(non judicial)
  listens to parties present evidence to make a binding decision

Question 11

ARBITRATION STRENGTHS AND LIMITATIONS?

Answer 11

strengths:
legally binding (apply to both parties)
limitation:
expensive (limiting the ability for some to access it)

Question 12

TRIBUNALS?

Answer 12

offer an alternative for traditional courts
(are designed to be faster, less expensive, less formal)
- typically hear and resolve disputes such as human rights

Question 13

TRIBUNALS (VCAT) STRENGTHS AND LIMITATIONS?

Answer 13

strengths:
tribunals (VCAT) hearings are resolved quickly, which reduces delay
limitation:
must often self-represent

Question 14

OMBUDSMEN?

Answer 14

ombudsmen acts as an independent body that watches the actions of businesses to ensure they are in following with the law

Question 15

TYPES OF OMBUDSMEN?

Answer 15

• government ombudsmen
• industry ombudsmen

Question 16

THE ROLE OF THE FAIR WORK AND PUBLIC TRANSPORT OF OMBUDSMEN

Answer 16

• created by the Fair Work Act 2009
• investigates complaints or suspected contraventions at workplaces, awards and agreements

Question 17

COMPLAINT BODIES?

Answer 17

• complaints bodies investigate and resolve disputes through conciliation
• service is free

Question 18

CONSUMER AFFAIRS VICTORIA (CAV)

Answer 18

CAV provides information and advice to consumers, businesses, and landlords about their rights and responsibilities and changes to the law

Question 19

WHAT ARE THE 3 INSTITUTIONS TO RESOLVE A DISPUTE?

Answer 19

• tribunals, ombudsmen, complaint bodies

Question 20

ORIGINAL JURISDICTION AND APPELATE OF MAGISTRATE

Answer 20

ORIGINAL JUSRISDICTION: minor civil disputes seeking claims up to 100k, claims below 10k referred to arbitration
APPELATE: None

Question 21

ORIGINAL JURISDICTION AND APPELATE OF COUNTY

Answer 21

ORIGINAL JURISDICTION: 100k = unlimited
(can hear claims up to any amount)
often hears cases of defamation, etc
APPELATE: None

Question 22

ORIGINAL JURISDICTION AND APPELATE OF SUPREME COURT (TRIAL DIVISION)

Answer 22

ORIGINAL JURISDICTION: 100k = unlimited
(can hear claims up to any amount
often hears cases of class actions or commercial disputes
APPELATE: cases from magistrate court or VCAT

Question 23

ORIGINAL JURISDICTION AND APPELATE OF SUPREME COURT (COURT OF APPEAL)

Answer 23

ORIGINAL JURISDICTION: None
APPELATE: cases from county court and supreme court
questions of fact regarding to remedies

Question 24

role of jury in civil trial

Answer 24

• to be objective
• to listen to all facts and evidence
• to concentrate during trial
• to listen to directions of judge
• to decide whose most likely wrong based on evidence