Ch 7 - Definitions

Question 1

Fairness

Answer 1

All people should participate in JS and its processes should be open and impartial

Question 2

Evidence

Answer 2

Info, documents and other materials used to prove facts in a legal case

Question 3

Cross-examination

Answer 3

Questioning of witness called by other side in a legal case

Question 4

Equality

Answer 4

All treat in same way, but if same treatment causes disparity, adequate measures should be implemented to allow all to engage with the JS without disadvantage

Question 5

Access

Answer 5

All people should be able engage with JS and processes on informed basis

Question 6

Alternate DR Methods

Answer 6

Ways of resolving civil disputes without having a court or trib hearing
(Med, conc, arb)

Question 7

Mediation

Answer 7

Method of DR - uses indep 3rd party to help disputing parties reach a resolution

Mediator does not interfere or persuade but helps parties discuss to reach a settlement

Question 8

Conciliation

Answer 8

Method of DR - indep 3rd party helps disputing parties reach a resolution

Conciliator makes suggestions and offers advice to assist in finding mutually accept resolution, but parties reach resol themselves

Question 9

Arbitration

Answer 9

Method of DR - indep 3rd party listens to btoh sides of dispute and makes legally binding decision (arbitral award)

Question 10

Appeal

Answer 10

Application to have a higher court review a ruling

Question 11

High Court

Answer 11

Ultimate court of appeal and determines disputes under the Cons

Question 12

Case Management

Answer 12

Method used by court/trib to control progress of legal cases so more effective and efficient through orders and directions

Question 13

Directions Hearing

Answer 13

Pre-trial procedure - court gives instructions to parties about time limits and how civ proceeding is to be conducted

Question 14

Hearsay Evidence

Answer 14

Evidence by person who did not personally witness the thing being stated to the court

Question 15

Court Judgement

Answer 15

Statement by the judge that outlines the decision of the court and the legal reasoning behind the decision

Question 16

Jury

Answer 16

Indep group of people chosen at random to determine questions of fact in a trial and reach a decision

Question 17

Party Control

Answer 17

Describes power of parties in legal case to decide how it is run

Question 18

Counterclaim

Answer 18

Separate claim by defendant in response to plaint’s claim usually heard at same time by the court

Question 19

Lay Evidence

Answer 19

Evidence by lay person about facts in dispute

Question 20

Expert Evidence

Answer 20

Evidence by indep expert about an area within their expertise

Question 21

Examination in Chief

Answer 21

Questioning of one’s own witness in court to prove one’s own case and disprove the other’s

Question 22

Class Action

Answer 22

Legal proceeding where group of 7+ people who have claim against the same person based on similar/related facts bring that claim to court in the name of 1 person

aka. group/rep proceeding

Question 23

Lead Plaintiff

Answer 23

Person named as plaintiff in class actions and represents the group members

aka. rep plaintiff

Question 24

Group Member

Answer 24

Members of a group of people part of a class action

Question 25

Litigation Funder

Answer 25

3rd party who pays for some/all the costs associated with initiating a claim in return for a share of the amount recovered

Question 26

CAV

Answer 26

Consumer Affairs Victoria = CA regulator in Vic with advisory info, compliance and enforcement roles

Question 27

Jurisdiction

Answer 27

Lawful authority of a court/DR body to decide legal cases

Question 28

Tribunal

Answer 28

DR body that resolves civil disputes and intends to be less costly, more informal and faster way to resolve disputes than court

Question 29

VCAT

Answer 29

Trib that deals with disputes relating to range of civil issues heard by various lists like HR and civil claims list

Question 30

VCAT Members

Answer 30

Person who presides over final hearings and compulsory conferences at VCAT

Question 31

Exclusive Jurisdiction

Answer 31

Lawful authority of court/DR body to decide legal cases to the exclusion of all others

Question 32

Fast Track Mediation and Hearing

Answer 32

DR method used for small claims about GnS in the Civil Claims List at VCAT Mediation and hearing both conducted on same day if not settled at med

Question 33

Compulsory Conferece

Answer 33

Confidential meeting between parties of dispute with indep 3rd party to discuss ways to resolve differences and explore resolutions

Question 34

Doctrine of Precedent

Answer 34

Common law principle of stare decisis (stand by decision) whereby decisions made in higher courts are binding (ratio decidendi - reason for the decision) on courts in the same hierarchy where the material facts are similar

Question 35

Self-rep Party

Answer 35

Person before court/trib who has not engaged/not rep by a lawyer or other professional

Question 36

Legal Aid

Answer 36

Legal advice/edu/info about the law and provision of legal services (assist and rep)