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Civil Justice System Flashcards

(62 cards)

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1
Q

Accessorial Liability

A

a way in which a person can be found responsible or liable for the loss or harm suffered to another because they were directly or indirectly involved in causing harm or loss

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2
Q

Balance of Probabilities

A

the standard of proof in civil disputes. it is more than probable that their story is right

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3
Q

Civil Dispute

A

a disagreement between two or more individuals in which one makes a legal claim against the other

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4
Q

Burden of Proof

A

lies with the plaintiff, unless there is a counter claim

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5
Q

Civil law

A

an area of law that defines the rights and responsibilities of individuals and organisations in society and regulates private disputes

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6
Q

Class action

A

a legal proceeding in which a group of people who have a claim based on similar or related facts bring that claim to court in the name of one person

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7
Q

Damages

A

an amount of money that the court orders one party to pay to the other

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8
Q

Defendant

A

a party who is alleged to have breached a civil law and who is being sued by a plaintiff

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9
Q

Group member

A

a member of a group of people who are part of a representative proceeding

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10
Q

Mediation

A

a method of dispute resolution, using an independent third party

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11
Q

Mediator

A

an indépendant third party who does not interfere or persuade but helps the parties in mediation

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12
Q

Negotiation

A

formal discussions between two or more parties in a dispute, aiming to come to an agreement and resolve a dispute

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13
Q

Plaintiff

A

the party who makes the civil claim

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14
Q

Remedy

A

any order made by a court designed to address a civil wrong. Aimed to restore the plaintiff to their original position prior to the breach

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15
Q

Representative Proceedings

A

class action

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16
Q

Sue

A

to take civil action against another person, claiming that they infringed some legal right of the plaintiff

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17
Q

Tribunal

A

a dispute resolution body that resolves civil disputes

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18
Q

Vicarious Liability

A

the legal responsibility of a third party for the wrongful acts of another

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19
Q

Limitation of Actions

A

the restriction on bringing a civil case after the allowed time

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20
Q

Factors to consider before initiating a civil claim

A
  • cost
  • negotiation
  • limitation of actions
  • the scope of liability
  • enforcement issues
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21
Q

Disbursements

A

out of pocket expenses

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22
Q

Costs associated with civil claims

A
  • legal representation
  • court filing fees
  • hearing/trial fees
  • jury costs
  • expert witness fees
  • negotiation fees
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23
Q

Adverse fees

A

the losing party has to pay for both parties court expenses

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24
Q

Enforcement issues

A

Is the defendant financially able to pay?

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25
Alternative Dispute Resolution Methods
ways of resolving or settling a civil dispute that do not involve a court or tribunal hearing
26
Arbitration
a method of dispute resolution in which an independent person listens to both sides and makes a legally binding decision
27
Case management
a method used by the courts and tribunals to control the progress of legal cases more effectively and efficiently.
28
Conciliation
a method of dispute resolution which uses an independent third party to help the disputing parties reach a resolution
29
Directions
instructions given by the court to the parties about time limits and the way a civil proceeding in to be conducted
30
Expert evidence
statements of fact given by an independent expert about an area within there expertise
31
Injunction
a remedy in the form of a court to do something or not do something
32
Lay Evidence
evidence given by an ordinary person about the facts
33
Pleadings
a pre-trial procedure during which documents are filed and exchanged between the plaintiff and defendant and which state the claims and defences
34
Remedy Statement of Claim
a document filed by the plaintiff in a civil case to notify the defendant of the nature of the claim, the cause of the claim and remedy sought
35
Statement of claim
a document filed by the plaintiff in a civil case to notify the defendant of the nature of the claim, cause of the claim and remedy sought
36
Discovery of documents
a pre-trial procedure which requires the parties to list all relevant documents
37
Cross-examination
the questioning of a witness called by the other side in a legal case
38
Re-examination
a second round of questioning by one party of its own witness, after cross-examination
39
Examination-in-chief
the questioning of one's own witness in court in order to price one's own case and disprove the opponents case
40
Directions
instructions given by there court to the parties about the time limits and way a civil proceeding it to be conducted
41
Hearsay evidence
evidence given by a person who did not personally witness the thing that is being stated to the court as true
42
Party control
each party in a criminal trial has control over the way the case will run
43
Directions hearing
a pre-trial procedure at which the court gives instructions to the parties about the time limits and the way the civil proceeding is to be conducted
44
Purposes of the Civil Justice System
enable a person to enforce their legal rights or take action over legal wrongs, determine whether the defendant is liable and award remedies
45
Family Law
relationships between parents, children and other family members
46
Defamation
saying or publishing material which causes damage to another person's reputation
47
Trespass
someone goes onto another person's land without permission
48
Breach of contract
someone has failed to do something they promised in a legally binding agreement
49
Nuisance
claims made by people that have lost enjoyment or use of property
50
Negligence
someone owes a duty of care to another and breaches that duty, causing harm or loss
51
Limitation of Actions
restriction placed on the time within a civil action can be commenced
52
Consumer Affairs Victoria (CAV)`
business unit of the Vic Gov Department of Justice and Regulation
53
CAV purposes
- provides information and guidelines to educate people about consumer affairs - dispute resolution body
54
CAV Jurisdiction
- supply of goods and services - residential tenancies - retirement villages - owner's corporations
55
Victorian Civil and Administrative Tribunal (VCAT)
independent dispute resolution body
56
VCAT purpose
efficient, low cost alternative to court
57
Purposes of Pre-Trial Procedures
- eliminate the element of surprise - clarify claims and defence - indirectly encourage alternative settlement options
58
Reasons for Court Hierarchy
- Administrative Convenience | - Appeals
59
Jury
six members, rarely used
60
Power to order mediation
court orders parties to attend mediation, can happen anytime during proceedings
61
Power to give directions
court may give any direction or make any order it considers appropriate at any stage of the proceeding
62
What is a direction?
an instruction given by the court to one or more parties, which imposes an obligation on a party to do something by a certain time or specifies how a civil proceeding should be run

Legal (5 decks)

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