weakest topics revision Flashcards
What powers does a judge have in a civil case? (U3AOS2)
-> act impartially
-> case management (before and during trial or hearing)
-> determine liability and the remedy
-> decide on costs
What case management powers does a judge have in a civil case? (U3AOS2)
BEFORE TRIAL:
-> allow for discovery
-> suggest mediation
-> provide directions’
DURING TRIAL:
-> change the order in which evidence is heard
-> limit the time and witnesses for a trial
-> limit the number of documents allowed in a trial
What are the roles of the Legislative Assembly? (U4AOS1)
-> initiate and pass bill
-> form government
-> scrutinize government administration
-> represent the people
-> act as a house of review
-> control government expenditure
What are the rights of the accused in a criminal case? (U3AOS1)
-> the right to be tried without unreasonable delay
-> the right to silence
-> the right to trial by jury
What are the roles of the Legislative Council? (U4AOS1)
-> initiate and pass bills
-> act as a house of review
-> scrutinize government administration
What are the purposes of CCO (U3AOS1)
-> rehabilitation
-> denunciation
-> deterrence
What are the rights of the victim in a criminal case? (U3AOS1)
-> the right to give evidence using alternative arrangements
-> the right to be informed about the proceedings
-> the right to be informed of the likely release date of the offender
What are the purposes of CAV? (U3AOS2)
-> to help people come to an agreement about how to resolve their disputes efficiently without any
cost to them
-> to try to help the parties reach a resolution that is consistent with the law
What is CAV’s jurisdiction? (U3AOS2)
-> disputes about the supply
or possible supply of goods or
services
-> disputes between a tenant and
landlord
What dispute resolution bodies does CAV use? (U3AOS2)
-> over the phone support to try and resolve the dispute
-> in person conciliation
How do you know when CAV is appropriate? (U3AOS2)
-> whether the dispute falls in CAV’s jurisdiction
-> whether the customer/tenant has tried to solve the dispute themselves (if not, CAV may not intervene)
-> whether the case has already been dealt with by CAV or VCAT.
-> if the matter is not urgent
-> if both parities will take the resolution of the dispute seriously.
What are some strengths of CAV? (U3AOS2)
-> CAV’s conciliation is free!
-> the process is informal
-> CAV ensures fairness by allowing both parties to present their views.
-> it allows parties to reach a resolution together.
What are some weaknesses of CAV? (U3AOS2)
-> disputes are only limited to consumers
-> CAV has no power for force parties to go through conciliation.
-> CAV has no power to force enforce decisions which are made.
-> not all cases are accepted by CAV
-> it is unable to handle serious cases.
What are the purposes of VCAT? (U3AOS2)
-> to provide low cost services
-> to provide accessible services
-> to provide efficient services
-> to provide independent services
What types of cases can VCAT hear? (U3AOS2)
-> tenancy disputes
-> professional conduct inquires
-> civil disputes relating to consumer matters
-> matters relating to human rights
-> reviews of decisions made by councils or other authorities
What types of cases can VCAT NOT hear? (U3AOS2)
-> class actions
-> disputes between employees and employers
-> disputes between neighbors
-> disputes between drivers in car accidents
-> between people in different states
-> disputes involving federal or state law where VCAT has not been given any power to hear the matter.
What dispute resolution methods does VCAT use? (U3AOS2)
-> mediation
-> compulsory conference
-> a final hearing before a member
