Chapter 6 - Key concepts in the Victorian civil justice system Flashcards
(25 cards)
civil justice system
a set of processes, bodies and institutions used to resolve the disputes
civil dispute
a disagreement between two or more individuals [or groups] in which one of the individuals [or groups] makes a legal claim against the other
remedy
any order made by a court [or tribunal] designed to address a civil wrong or breach. A remedy should provide a legal solution for the plaintiff for a breach of civil law by the defendant
liability
legal responsibility for one’s acts or omissions
civil law
an area of law that defines the rights and responsibilities of individuals, groups and organisations in society and regulates private disputes
pleadings
[in civil cases] a pre-trial procedure during which documents are filed and exchanged between the plaintiff and the defendant and which state the claims and the defences in the dispute
statement of claim
a document filed by the plaintiff in a civil case to notify the defendant of the nature of the claim and the remedy sought
defence
[in a civil case] a document filed by the defendant which sets out a response to each of the claims contained in the plaintiff’s statement of claim; part of pleadings stage of a civil dispute
discovery of documents
a pre-trial procedure which requires the parties to list their documents relevant to the issues in dispute. Copies of the documents are normally provided to the other party
mediation
a method of dispute resolution that uses an independent third party [the mediator] to help the disputing parties reach a resolution
plaintiff
[in civil disputes] the party who makes a legal claim against another person [i.e. the defendant] in court
defendant
[in a civil case] a party who is alleged to have breached a civil law and is being sued by a plaintiff
sue
to take civil action against another person, claiming that they infringed some legal right of the plaintiff [or did some legal wrong that negatively affected the plaintiff]
damages
an amount of money that one party is ordered to pay to another party for loss or harm suffered. it is the most common remedy in a civil claim
vicarious liability
the legal responsibility of a third party for the wrongful acts of another [e.g. an employer’s liability for what their employees do]
lead plaintiff
the person who is named as the plaintiff in a class action and represents the group members; also sometimes referred to as the representative plaintiff
class action
a legal proceeding in which a group of seven or more people who have a claim against the same person based on similar or related facts bring that claim to court in the name of one person; also called a representative proceeding or a group proceeding
group member
[in relation to class actions] a member of a group of people who is part of a class action
burden of proof
the obligation [i.e. responsibility] of a party to prove to prove a case. The burden of proof usually rests with the party who initiates the action [i.e. the plaintiff in a civil dispute and the prosecution in a criminal case]
standard of proof
the degree or extent to which a case must be proved in court
balance of probabilities
the standard of proof in civil disputes. This requires the plaintiff to establish that it is more probable [i.e. likely] than not that their claim is true
disbursements
out-of-pocket expenses or fees [other than legal fees] incurred as part of a legal case. They include fees paid to expert witnesses, court fees, and other third-party costs such as photocopying costs
adverse costs order
a court order [i.e. legal requirement] that a party pay the other party’s costs
limitation of actions
the restriction on bringing a civil claim after the allowed time
