CHAPTER 4

Question 1

What is the Victorian Civil Justice System?

Answer 1

the Victorian civil justice system is a branch of the Victorian justice system that hears cases regards to infringements or breaches to the rights of individuals, organisations.

Question 2

Civil law:

Answer 2

An area of law that defines the rights and responsibilities of individuals, organisations and entitlements.

Question 3

Plaintiff: (and their role?)

Answer 3

the parties whos rights have been infringed (the party that initiates a civil claim against the defendant)
- must prove their claim on the balance of probabilities
- provide evidence to validate their claim before judge, jury etc
- if the plaintiff is unsuccessful with their claim they will be responsible for the legal costs of the defendants

Question 4

Defendant:

Answer 4

the party accused of infringing the rights of the plaintiff
- it is not the role for the defendant to prove they did not infringe the rights of the plaintiff
- if found liable on the ‘balance of probabilities’ the defendant would have to provide a remedy or pay damages to the plaintiff to restore them to original position

Question 5

Remedy:

Answer 5

compensation or resolution received by the plaintiff if the defendant is deemed liable

Question 6

Burden of proof:

Answer 6

• Is the party responsible to prove the facts of a case
• in civil law the plaintiff holds the burden of proof and has to prove the liability of the defendant
• a plaintiff must provide evidence that is going to prove their claim.

Question 7

Standard of proof:

Answer 7

• is the degree of evidence required to assign guilt/liability in a legal case
• in a civil law the plaintiff has to prove their claim ‘on the balance of probabilities’

Question 8

Factors to consider when initiating a civil claim

Answer 8

• costs of a civil claim: few people take legal action and initiate a civil claim this can be due to the cost associated with legal action (for e.g. court fees and legal representation)
• imitation of action: the restriction of time-frame where the plaintiff is required to initiate their legal action
• enforcement issues: problems where the plaintiff needs to consider if the defendant can fulfill their obligation and compensate the plaintiff

Question 9

costs of a civil claim:

Answer 9

amount of money required to pay to resolve a civil dispute
- costs of a civil claim: few people take legal action and initiate a civil claim this can be due to the cost associated with legal action (for e.g. court fees and legal representation)

Question 10

limitation of actions: (defamation, negligence cases, contract)

Answer 10

• imitation of action: Limitations of actions Act 1958 states, the restriction of time-frame where the plaintiff is required to initiate their legal action
  defamation: (1 years) must not be brought after the expiration date of the publication
  negligence cases: (3 years) 3 years within the injury occuring
  contract: (6 years)

Question 11

enforcement issues:

Answer 11

• enforcement issues: problems where the plaintiff needs to consider if the defendant can fulfill their obligation and compensate the plaintiff
• this can be due to previous imprisonment, bankruptcy