Unit4- aos 2 civil law in action

Question 1

Magistrates Court - original jurisdiction

Answer 1

claims between $10 000- $100 000. cases less than $10 000 are decided through arbitration

Question 2

Magistrates Court- appellate jurisdiction

Answer 2

no appellate jurisdiction, rehearings can take place

Question 3

County Court - original jurisdiction

Answer 3

hear cases of unlimited amount. Litigants can choose to have their case heard in county or supreme in front of a judge and optional jury of 6

Question 4

County Court - appellate jurisdiction

Answer 4

no appeals, unless under a specific act

Question 5

Supreme Court trial division - original jurisdiction

Answer 5

unlimited

Question 6

Supreme court trial division - appellate jurisdiction

Answer 6

appeals on point of law from magistrates and vcat

Question 7

Supreme Court - court of appeal , original jurisdiction

Answer 7

there is none

Question 8

Supreme court - court of appeal , appellate jurisdiction

Answer 8

with leave on point of law or question of fact or amount of damages from single of county/supreme court from VCAT

Question 9

Mediation

Answer 9

When two disputing parties come before an independent party known as the mediator. The mediator facilitates discussion between the parties. The mediator does not enter the discussion however they ensure each party is given equal opportunity to put their case forward. Mediation is not binding and requires the party to form their own decision.

Question 10

Conciliation

Answer 10

is where two disputing parties come before an independent party known as the conciliator. The conciliator listens to both sides and at the conclusion can make suggestions of appropriate agreements. It is up to the party whether they take on board the advice given by the conciliator.

Question 11

binding precedent

Answer 11

legally binds all inferior courts within the same court hierarchy or regulations within the precedent

Question 12

persuasive precedent

Answer 12

A persuasive precedent is developed by inferior courts of lower jurisdiction which does not bind any courts above or of a seperate court hierarchy to any regulations. It may act as a persuasive outcome but does not enforce any regulations

Question 13

ratio decidendi

Answer 13

the reasons a court gives for regulating/setting a precedent

Question 14

obiter dictum

Answer 14

a statement a court makes in setting a precedent that is related to the main issue in the case but does not form part of the reason for the decision

Question 15

tort of nuisance, private

Answer 15

affects one person

Question 16

tort of nuisance, public

Answer 16

affects more the an one person/ group of people