civil law 1 (1st term)

Question 1

lesson one (28)

what are civil disputes?

Answer 1

• a disagreement b/w 2 or more indiv whereby 1 groupparty makes a claim againnst another usually, claiming a loss

Question 2

lesson one (28)

what are the purposes of civil law?

Answer 2

• enable party to enforce their rights
• det whether the def is liable
• award a remedy & return the plan. to their o.g position (as much as possible)

Question 3

lesson one (28)

define sue

Answer 3

• to take civil action against another person claiming that they have infringed some legal right of the plan. or did something wrong that neg affected the plan

Question 4

lesson one (28)

define litigation

Answer 4

• commencing a civil actions in court - normally begins by seeking leg rep & filling of a writ

Question 5

lesson one (28)

define liable

Answer 5

• finding that one party is resp for the other’s loss / infringement

Question 6

lesson one (28)

define remedy

Answer 6

• orders made by a court or tribunal to address a civil wrong or breach - desig to restore the plan. back to their o.g post
• in from of injun or dam

Question 7

lesson one (28)

what are some types of civil disputes?

Answer 7

• negligence (breach of duty of care)
• defamation (def comm flase claims t/f dam plan rep
• breach of contract (failure of oblig w/n ccontract terms
• family law (matters inv par / child / fam mem)
• tresspass to land (unlaw interf w/ land)

Question 8

lesson one (28)

who is the plantiff?

Answer 8

• the party who commences the civil action & claims their rights have been infringed or a wrong has occurred
• also known as aggrieved party / wronged party

Question 9

lesson one (28)

who is the defendant?

Answer 9

• the party who is alleged to have infringed the plaintiff’s rights or is alleged to be responsible for the wrongdoing
• the party that is defending themselves against a claim by another person, the plain. for an alleged breach of law

Question 10

lesson one (28)

who can the parties to a civil dispute be?

Answer 10

• an indiv. being sued in their own name / group of indiv. being sued or suing together
• corp. (company) - sep leg entity from the dir. can be sued = Pty Ltd or Ltd
• Cth / state / govt agency or body –> e.g suing vic police for false arrest

Question 11

lesson one (28)

suing employers

Answer 11

• if employee infrin a person’s rights whilst acting in the course of their employment –> injured person may be able to sue the employer via vicarious liability

Question 12

lesson one (28)

what is vicarious liability?

Answer 12

• the leg resp of a 3rd party for the wrongful acts of another e/g an employers’ liability for what their employees did

Question 13

lesson one (28)

why may a person sue the employer not the employee (vl)?

Answer 13

• employ / comp = $
• teach comp respon. & expect

Question 14

lesson one (28)

who does the burden of proof rest upon in civil law?

Answer 14

• the plantiff

Question 15

lesson one (28)

what does the burden of proof mean in civil law?

Answer 15

• follows the principle that the party who brings the case must satisfy the decision maker (usually the judge) that their claim is supported by facts

Question 16

lesson one (28)

in what instances may the burden of proof rest upon the defendant?

Answer 16

• def may choose to file a countercl. –> def has burden to prove their claim
• def raises def (e.g def = contrib neg)

Question 17

lesson one (28)

what does the standard of proof mean?

Answer 17

• refers to the strength of evidence required to prove the case

Question 18

lesson one (28)

what is the standard of proof in civil law?

Answer 18

• the plain. must prove their case based on the bal of prob

Question 19

lesson one (28)

what does the balance of probabilities mean?

Answer 19

• that it is more probable / more likely than not that their (plain.) claim is true
• less strict standard than brd

Question 21

lesson one (28)

what are the avenues available in civil law to resolve matters (disp reso bodies)?

Answer 21

• complaints bodies
• tribunals
• courts
  –> whether or not dispute reso bodies are able to resolve a dispute will depend of their juris & powers

Question 22

lesson one (28)

what are complaints bodies?

Answer 22

• govt funded, stat bodies that exists to invest compl from ppl about the conduct of other parties
• regulated / have their powers through parl passing leg.
  –> cons aff vic / vic ombud - hear compl about councils / prisons / vic roads

Question 23

lesson one (28)

what are tibunals?

Answer 23

• operate like a court in that they resolve broad range of disputes
• e.g. VCAT (+stat body) –> operate w/n jurisd to hear matters such as consumer disputes, ten, discrim, neighb disp
• gen cheaper & quicker in res disp

Question 24

lesson one (28)

what are the courts?

Answer 24

• either vic / fed courts

Question 25

# lesson one (28) what are the common stages of civil proceedings?

Answer 25

1. parties att to reach an o-of-c sett 2. plain. commences a civ proc in court 3. part prep their case for trial 4. j may order parties = att med --> enc early det of case 5. if sett X reached part = pres case at trial 6. j & j make dec as to whether def = liable 7. if def = liable --> rem = awarded to plain

Question 26

# lesson two (29) what is the factor of costs?

Answer 26

- in a civ disp, it is the part that will gen bear he costs of resol the disp. since civ law is about upholding rights of indivs, the state will X get involved to fund proceed.

Question 27

# lesson two (29) although a party has suffered an infringement or loss due to a breach of their rights, what are three factors which should be considered prior to intiating a civil claim?

Answer 27

- costs - limitation of actions - enforcement issues

Question 28

# lesson two (29) what are the costs associated with civil proceedings?

Answer 28

- legal rep - disbursements - adverse court orders

Question 29

# lesson two (29) what are the costs associated with legal representation?

Answer 29

- dep on complex of leg iss party = choose engage in services = sol / barr / both - some cases --> sol = seek leg adv / draft & file leg doc - complex cases --> barr = rep client in pre-trial hearings / pres case in court - $ leg rep = dep on compl of case = exp of leg rep / aven matter being heard (court / trib) - sen barr = $600 p/h w/ KC = $1000 p/h

Question 30

# lesson two (29) what are disbursements?

Answer 30

- other expenses incurred as part of prep for the case outside leg rep - monies paid to 3rd parties for preparation of the case

Question 31

# lesson two (29) what are examples of disbursements?

Answer 31

- payment for collection of report, fin statement, video footage - photocopying - liasing w/ other ext. org outside of leg rep - witten statements from exp wit

Question 32

# lesson two (29) what are adverse court orders?

Answer 32

- the legal req that one party pays for the other party's leg costs. - if plain = unsucc in their claim --> court may order they pay some of the def leg $ - gen rul = succ party should have their leg costs paid by the losing party in addition to rem

Question 33

# lesson two (29) what are limitation of actions>

Answer 33

- a restriction on the time limit in which a plain. must commence a civil action in court, after which time, the plain is unable to bring an action relating to the civil wrong against the def

Question 34

# lesson two (29) what is the legislation that refers to the limitation of actions?

Answer 34

- Limitations of Actions Act 1958 (Vic) --> outlines the time frames within which different types of civil actions must be commenced

Question 35

# lesson four (31) what are the other dispute resolution methods alngside courts (can be w/n)?

Answer 35

- mediation - conciliation - arbitration

Question 36

# lesson four (31) what is mediation?

Answer 36

- least formal meth for res dis - inv parties willing to coop in order to reach a sol - through assis of imp 3rd party = mediator = facilitate - X strict rules of evi & proced

Question 37

# lesson four (31) through assistance what do the parties do in mediation?

Answer 37

- sit down to discuss the issues involved - consider options - try to reach an aggreement through neg & compromise

Question 38

# lesson four (31) is legal representation involved in mediation?

Answer 38

legal rep = gen X used to promote a sense of inform h/w can be used if med = used in sup court as pre-trial proced leg rep = pres

Question 39

# lesson four (31) where are some specific places mediation be conducted?

Answer 39

- in private office - in court - dispute resolution centre of vic

Question 40

# lesson four (31) define terms of settlement

Answer 40

- a legally binding document that outlines the terms that the parties have agreed to after mediation which can be enforceable through courts if one party does X comply

Question 41

# lesson four (31) is the decision of mediation legally binding?

Answer 41

- dec reached = X leg bindng unless a deed of settlement is signed by both parties

Question 42

# lesson four (31) what are the key basic features of mediation?

Answer 42

- two disputing parties w/ possible respresentatives - 3rd party = role to FACILITATE communication b/w parties - resol made by parties, voluntarily - resol may be eforceable if t.of.s entered into - used extensively in vic courts & VCAT

Question 43

# lesson four (31) when is mediation used?

Answer 43

- before court - during court - as an alt to court

Question 44

# lesson four (31) why may parties used mediation before court?

Answer 44

med may be used by parties before engaging in the courts to resolve disputes in particular, if it is important to maintain an ongoing relat & $ cost may be an issue

Question 45

# lesson four (31) what type disputes may / who may use mediation before court?

Answer 45

- disagreements b/w neigh - disp b/w landlords & ten - disp among fam mem

Question 46

# lesson four (31) who may order parties to attend mediation?

Answer 46

- the mag / cc / sc = order parties to attend med once the case has been initiated in the court as part of a pre-trial proed - can be ordered w/o consent of parties

Question 47

# lesson four (31) how is mediation in the courts payed?

Answer 47

- $ for med usually split b/w parties

Question 48

# lesson four (31) who mediates during mediation in court?

Answer 48

- associ judges can also mediate --> ref to as judicial med

Question 49

# lesson three (30) what does fairness refer to?

Answer 49

- impartiality - open processes - participation

Question 50

# lesson three (30) how does civil law uphold impartiality?

Answer 50

- plaint = have indep & imp adj preside over their case (j/med/con/arb) - should plaint = wish to have a jury --> entit to having a jury of 6 decide the outcome of their case & award rem should matter be heard in cc or sc - j & j must reach dec based upon applying the facts & evid prest in the case rather than their own opin or bias - Civil Procedure Act (Vic) ensures the rules of prep & pres a case is applied to both sides --> reg aspects = narr leg issues disp, disclosure during discov, case man powers of judge

Question 51

# lesson three (30) how does civil law uphold open processes?

Answer 51

- disp that utilises the courts = open to pub = court's judgem --> prom transp over judicial dec & acc of leg prof

Question 52

# lesson three (30) how are open processes not achieved in civil law?

Answer 52

- should parties choos med / con as method to resolve diputes = may be held in private --> lack of open processes - jurors when reaching a dec = X req to provide a reason for their decision t/f dep on matters discussed during delib dam & rem = may X = consist

Question 53

# lesson three (30) who may desire a private resolution to a civil matter?

Answer 53

- bus that may X want their name / image disclosed

Question 54

# lesson three (30) how does civil law / legal system uphold participation?

Answer 54

- after consid of all fact --> all plaint have right to lodge a claim against a def b/c of a loss or if they believe that the matter is X worth pursuing then they can 'cut their losses' = CHOICE - plaint can engage in sev aven to have their issue resolved = courts/med/con/arb/trib/compl bod = depending on nature of disp - some aven of resol = X req leg rep --> prom plaint abil to part in leg sys more easily - through a series of pre-trial civ procedures = pleadings / disc of docu & directions --> def = gain infor about the case against them & prep - bp = same opp to pres their case / side to j & j during trial

Question 55

# lesson three (30) how does a letter of demand uphold the feature of fairness - participation?

Answer 55

- LOD = easy to write t/f x req leg rep --> allows plaint to part or become involv in resolv their disp w/o need or $ of leg rep - rec this letter allows def to make a dec as to how they wish to become involved w/ the disp e.g pay the $ or resp to disp

Question 56

# lesson three (30) how does a letter of demand uphold the feature of fairness - transparency / open processes

Answer 56

- LOD allows def to be made aware they they will be involv in a leg disp, what the claim is & how much theur need to pay --> x surprise for def

Question 57

# lesson three (30) what does equality aim to ensure?

Answer 57

- ensure uniform treatment of all indivs in the civil justice sys h/w should this cause disp / disad, extra measure should be implemented to allow everyone to engage w/ the just sys

Question 58

# lesson three (30) how is the feature of equality - same treatment (formal) - upheld in civil disputes?

Answer 58

- all part can intitate a claim if they can demon an infring of their rights & loss - all parties can have indep adj preside over their case - all part must engage in the same pre-trial proc to ensure adeq prep & pres of their case in court - all part can & are enc to neg prior & during trial & resolve their disputes w/o proceeding to a trial - all part have their matter heard in supe courts can request to have j if can pay - all part can engage in leg rep to provide them w/ leg assist

Question 59

# lesson three (30) how is the feature of equality - different treatment (substantive) - upheld in civil disputes?

Answer 59

- if party x afford leg rep & must self-rep --> judge / mag may need to take steps to explain certain rights & processes e.g. what is means to cross exam wit - org = VLA & CLCs = prov extra supp to indiv who do x have res to uphold their civ rights --> more equitable outcomes - interp may be req for ppl w/ lim eng to assist w/ trans

Question 60

# lesson three (30) what is a writ?

Answer 60

- a formal leg doc that is filed by the plaint w/ the rel courts (usu sup) to inform them that lit (the process of suing in courts) has commenced

Question 61

# lesson three (30) what does the writ outlines?

Answer 61

- names & leg rep of both parties - where the matter is being res (which court) - the claims made by both sides - timelines for adhering to certain req e.g. settling the claim

Question 62

# lesson three (30) what does access aim to ensure?

Answer 62

- ensure that everyone can engage in the civ just sys & it proceedings w/ adeq knowledge - crucial b/c allows plaint to comrpeh theur leg entit & diff steps involv in their civil disputes

Question 63

# lesson three (30) how is the feature of access - engagement - enhanced in civil disputes?

Answer 63

- unlike crim = range of dispt res meth = avail to parties to util --> ranging from = ADRs, trib, CAV & courts - tech dev --> disp resolved via online vid link or conf e.g. trib hearings can be conducted online w/o req phy pres of either party - fin access = CAV & hum rights (discrim) matters heard by VCAT = free of charge - class act / group proc --> group mem = share $ when taking leg act against large corp - VCAT = discount for pens cards when charging app fee --> allow more afford app to resol civ disp - leg rep = x often needed unless part eng in courts - range of disp res aven also means courts = less likely to be clogged & exp delays

Question 64

# lesson three (30) what does infored basis refer to?

Answer 64

- for ppl to engage w/n civ just sys should be able to get inform & use procedures / meth / instit that resol civ disp = courts / trib / instit that can provide leg adv to parties

Question 65

# lesson three (30) how do specialist CLCs uphold the feature of access - informed basis?

Answer 65

- can assist certain groups w/ vul in society --> e.g. AED = est to spec assist indiv w/ disab reg civ matters arising from unlaw term / bull / harr / wages / working cond

Question 66

# lesson three how is the feature of access - informed basis - upheld in civil disputes?

Answer 66

- specialist CLCs - complaints bodies - online websites

Question 67

# lesson three (30) how do complaints bodies uphold informed basis?

Answer 67

- comp bod = consum affairs vic = prov free inform online to educate consum on their rights but also used concil to resolve free of charge

Question 68

# lesson three (30) how do online websites enhance informed basis?

Answer 68

- one web = VCAT / vic leg aid / wom leg / vic omb = provide inform & guid for part on their rights in some civ matt & where to take their disp to be res --> most rec / req part to engage in s-h 1st

Question 69

# lesson three (30) how do civil disputes not uphold informed basis?

Answer 69

- self-help req part to have a certain lv to edu & can artic & comm w/ other part --> x always occur

Question 70

# lesson four (31) how can mediation be utilised as an alternative to court?

Answer 70

- VCAT often refers claims to med prior to fin hearing - part = access priv med through disp settle centre of vic

Question 71

# lesson four (31) what are circumstances where mediation is appropriate?

Answer 71

- rel need = main b/w part = man & employee - part = will to disc issue - part = pref priv & confid --> want res disp = less form & pub manner - bp = lower leg fees b/c court proc = more $ - prompt reso needs = reached / sig wait times asso w/ det of civ disp via courts

Question 72

# lesson four (31) in what circumstances is mediation not appropriate?

Answer 72

- part = x will to disc / compro - x want an ongoing rel w/ party / rel = x need = main - part = domin --> uneven abil to openly disc issue eq --> e.g. spousal rel / man & employee / par & child = age sep / disab - med = x leg bind w/o LOD t'f x wnsure agreement is duit upheld by bp - ppl want day in court & want pub awar for what happened to them t/f use court is have res to pay for

Question 73

# lesson four (31) what is the role of the conciliator?

Answer 73

- will listen to the facts & evid pres by both sides & make SUGGEST reg ways & options to resol the disp

Question 74

# lesson four (31) who will the conciliator generally be?

Answer 74

- an indiv w/ spec knowledge in that field pertaining to the leg disp e.g. consumer law / fam law / workplace relations

Question 75

# lesson four (31) what are the key features of conciliation?

Answer 75

- two disp parties w/ possible rep - 3rd part = conc = supp / fac comm - resol = made by part volun - may be on the advice of the concil - resol = enfor if t.of.s ent into - prim by CAV & VCAT

Question 76

# lesson four (31) why may a party wish to use conciliation over mediation?

Answer 76

- desire imp 3rd party w/ spec exper --> greater assist & support - failed med - desire assist sugg of resolution

Question 77

# lesson four (31) why might a party not use conciliation over mediation?

Answer 77

- & req w/ inv a concil - b/c reol of cil = incr assertive then med --> incr control & thor disc & tailored made solution w/o input from concil

Question 78

# lesson four (31) what are circumstances in which conciliation is not appropriate?

Answer 78

- parties = highly emotional - parties = unwill to disc issues - hist of vio / threats b/w parties - power imbal b/w parties - parties want leg bind result to their disp - prefer form assoc w/ jud det

Question 79

# lesson four (31) when is conciliation appropriate?

Answer 79

- even & mutal resp & bal b/w parties = x disp imbal - desire to maint rela - incr prompt resol in comp to other court proceedings = x filing of hearing / pre-trial proc - part = will to disc / open mind - x hist of viol / abuse / threats of harm - want clear cut sugg for part

Question 80

# lesson four (31) how does mediation & concil achieve fairness?

Answer 80

- use of inep & imp 3rd party - incr part due to min $ comp to $ of courts - incr part b/c w/w pot rather than adversarial - incr part as conc can sugg outcomes - incr op.proc b/c bp = present --> use of d.of.s

Question 81

# lesson four (31) how does mediation and conciliation limit fairness?

Answer 81

- methods conducted in private --> lim op.proc - relies on both sides --> part can be red if one side refuses - decr part if outcome x reached

Question 82

# lesson four (31) how does mediation and conciliation achieve equality?

Answer 82

- bp are able to contrib to the outcome (same) - bp have the same environ to resol disp / same rules applying dep on method - when used as a pre-trial proce --> bp = sam opp to avoid trial - bp have their priv / decr pub through eng w/ med & concil - lower $ to court --> allows for sub eq if one side = decr resources / $

Question 83

# lesson four (31) how does mediation and conciliation not uphold equality?

Answer 83

- one party may be more aggress / med may x able to advo for other party - disp in abil to neg an outcome --> may = press into signing & agreeing to something x understand

Question 84

# lesson four (31) how is access upheld by mediation and conciliation?

Answer 84

- med & concil = incr $ eff w/ x pre-trial proc / filing of court hearing & x leg rep req t/f part w/ lower incom ect --> incr eng - less form --> red complex = x leg jarg / extensive compl leg doc t/f incr in.b b/c all edu lvs - concil incr in.b through sugg - bp methods provides parties gen w/ opp to be aware / informed to prep their case

Question 85

# lesson four (31) how does mediation and cociliation not achieve access?

Answer 85

- bp want to disc t/f if x --> lim eng & abil to eng w/ med / con - b/c x leg binding --> x want to eng - red eng b/c relies on bp to coop - b/c rep rep = disc --> parties may x always be infromed about options

Question 86

# lesson five (32) what are the key features of arbitration?

Answer 86

- two disp parties w/ possible rep - 3rd party = arb - resol decided by the arb - arbital award = binding - conduc in private - less form & more $ effect than att courts

Question 87

# lesson five (32) what is the role of the arbitrator?

Answer 87

- listen to both sides - make leg bind dec on both parties = arb award

Question 88

# lesson five (32) how is arbitration used in private?

Answer 88

- arr by part themsel - usu inv comm transact - due to tms in contract - takes place at disp resol centre / melb comm med & arb centre

Question 89

# lesson five (32) when is arbitration used?

Answer 89

- in private - in court - arbitration in tribunals

Question 90

# lesson five (32) what does it mean for arbitration to be used in courts?

Answer 90

- small claim filed in mc = below $10,000 --> matt obliged to be referred to arb - mags = refer matters to arb w/ consent of parties or amounts abv $10,000 - cc & sc --> can req part att arb if consent - req = explicit / x enforce arb att b/c dec rests in hands of arb (x judge) --> decr ownership of resol t/f part = want exp of judge x arb

Question 91

# lesson five (32) arbitration is tribunals (vcat)

Answer 91

- VCAT --> can ref part to arb bf final hearing h/w x conduct arb process itself

Question 92

# lesson five (32) when is arbitration appropriate?

Answer 92

- part consent / agree to attend arb / arb = incl as part of their contractual agreement - matt = below $10,000 & matt = filed in mc - part want to bene from leg bind dec - part will bene from matt being resolv in private / in confid mann w/o pubof trial - part want to bene from more form procedure (comp to m & c) whereby 3rd indep party = view evid & facts pres

Question 93

# lesson five (32) when is arbitration not appropriate?

Answer 93

- part want to bene from civil rules of proced = writ - part want involv of peers (jury) - part want pub awar of matter - part = x consent / agree to att arb - leg bind dec --> part want incr auth / say / ownership - lang barrier & sig fin disp

Question 94

# lesson six (33) what are the reasons for a civil court hierarchy?

Answer 94

- administrative convenience - appeals

Question 95

# lesson six (33) define administrative convience

Answer 95

- refers to the ability of the courts to distribute resources more effectively by org disp according to how serious or complex they are.

Question 96

# lesson six (33) why are superior courts able to demonstrate admin convenience?

Answer 96

- superior courts (sc) = free to devote time & resources to long, comx disp as court x delayed by resolv minor disp

Question 97

# lesson six (33) why are lower courts able to establish admin convenience?

Answer 97

- lower courts (mc) can quickly resolve a large no. of rela minor disputes --> min dlays for part disp

Question 98

# lesson six (33) court hierarchy and administrative convience example thought

Answer 98

- through the ranking of the courts --> v. top = senior sc judges are enabled to devote greater time dedication to interp law for compl matters. whereas the res mc are positioned to deal w/ more comm disp - the res of each court = div in a way that caters for the volume of cases they hear (29 sc j & 23 mag)

Question 99

# lesson six (33) define appeal

Answer 99

- leg process that a dissatisfied party may pursue to have the court's decision reviewed by a higher court

Question 100

# lesson six (33) is a dissatisfied party of a civil dispute automatically entiteld to an appeal?

Answer 100

- party = dissat w. outcome of civ disp = x auto entit to have dec reviewed on appeal - must be granted leave to appeal / perm to appeal a case / have leg grounds for doing so

Question 101

# lesson six (33) what are the grounds of an appeal?

Answer 101

- Q of law - Q of fact - the remedy awarded

Question 102

# lesson six (33) define question of law

Answer 102

- arguing that the law has x been correctly applied - e.g. accepting inadmissible evid wrong leg test to the case - error of law

Question 103

# lesson six (33) define question of fact

Answer 103

- whether the facts of the case had been applied appropriately to reach decision - error of facts

Question 104

# lesson seven (34) who are the 3 key personnel within the civil courtroom?

Answer 104

- mag / judge - jury - parties

Question 105

# lesson seven (34) who is the judge?

Answer 105

- an indep auth who presides over a trial, ensuring procedural fairness by overseeing all personnel & evid - cc & sc

Question 106

# lesson seven (34) define magistrate

Answer 106

- an indep auth who presides over hearings in the mags' court for less serius summ offences, committal proceedings & some civ disp

Question 107

# lesson seven (34) who is the justice?

Answer 107

- a judge in a rel superior court in the hierarchy such as the sc of vic - COA or hc of aust

Question 108

# lesson seven (34) what is the main role of a judge?

Answer 108

- case management (during / before)

Question 109

# lesson seven (34) what are other important roles of the judge?

Answer 109

- remain unbiased - apply the rules of evid & proced - direct the jury - det liability & awarding remedies

Question 110

# lesson seven (34) what is case management?

Answer 110

- method by courts to control the progress of leg cases more effect & effici - gen involves a person presiding over the case, making orders & direct in the proceedings - granted to judge under Civil Procedures Act 2010

Question 111

# lesson six (33) what are the strengths of reasons for a court hierarchy (appeals & admin)?

Answer 111

- c.h. --> appelas to be made by b.p if an error in o.g. dec - c.h. allows courts to adopt diff processes & use their resources in way ensures cases = resolved eff --> small cases = mc / more mag / more court venues - ranking --> judges (sc) --> incr time & dedic to inter law of complex cases b/c cases distrib & org b/c jurid of courts

Question 112

# lesson six (33) what are the weaknesses of reasons for a court hierarchy (appeals & admin)?

Answer 112

- x auto right to app & app proc = diff to understand w/o lawyer part b/c need to est grounds of appeal - diff courts = conf for ppl who x understand civ just syst --> emph when overlapping jurisdic or self-rep part

Question 113

# lesson seven (34) what is the purpose of case management before trial?

Answer 113

- ensuring the case is ready for trial or to det whether the matter can be resolved prior to trial commencing to save the parties time & $

Question 114

# lesson seven (34) what does giving directions include?

Answer 114

- filing a part document by certain date - discov process - attending med = order att by certain date to try & resol

Question 115

# lesson seven (34) define giving directions

Answer 115

- poses an obligation on a party or both to do something by a certain time, or specifies how a civil proceeding will be conducted

Question 116

# lesson seven (34) what is the discovery process?

Answer 116

- ensuring parties get copies of each other's docu that = rele to issues in the disputes = contract / reports / photographs / emails - j = set bound to ensure that these documents are onlt ones rele to disp

Question 117

# lesson seven (34) should matter not be resolved during pre-trial stage then during the trial how does the judge manage the trial?

Answer 117

- ensuring correct procedure = foll e.g. plain = 1st then def - lim examin of wit - x allowing cross-exam of certain wit - time lim on exam in chief - lim no. of docu that party may tender into evid - ask wit some qs to clarify their evid - hand down a ruling - ensur part = self-rep = underst their rights & oblig along w/ court proces

Question 118

# lesson seven (34) what does it mean for the judge to remian unbiased?

Answer 118

- a judge or mag must remain impartial throughout the entire proceeding - x favour either party - act = umpire for the courtroom to oversee case

Question 119

# lesson seven (34) when applying the rules of evidence & procedure what are judges required to make rulings when it comes to evidence about?

Answer 119

- det whether evid = admiss - ensuring wit = examin & cross examin - giving dir as to how evid = pres & what docu jury permitted to see - prov clarity on rules of evid & procedure

Question 120

# lesson seven (34) how and what does the judge direct the jury on?

Answer 120

- instruct jury on their role in civ trial if one used - explaining who has the onus to meet sop - prior to delib j = summ evid pres to assist clarifying application of law to facts presented

Question 121

# lesson seven (34) what does it mean for the judge to have the role of determining liability & awarding remedies?

Answer 121

- x jury --> j det whether plain proven on bop def caused inj / loss (mc --> mag) - j / m respon of ordering approp rem once verdict = det for wronged party --> dam / injunct &/or other rem

Question 122

# lesson seven (34) how does the role of the judge uphold fairness?

Answer 122

- indep j & m ensure trials are conducted w/o bias & according to rules of evid --> contrib to f as dec = based on law & facts alone

Question 123

# lesson seven (34) how does the role of the judge limit fairness?

Answer 123

- j & m rely on parties to present all evi & facts of disp during trial t/f if part = x leg rep --> may prevent all rele facts from being pres to court or in their best light this --> unfair trial

Question 124

# lesson seven (34) how does the role of the judge achieve equality?

Answer 124

- j & m ensure rules of evif & proc apply equ to all part during civ disp

Question 125

# lesson seven (34) how does the role of the judge restrict equality?

Answer 125

- whilst j & m = imp jud off = subj to pers bias & may uncon discrim against certain part & pers charact lim equ

Question 126

# lesson seven (34) how does the role of the judge promote access?

Answer 126

- j & m case mana pwers = sett lim for evid & ordering med --> mini $ of civ disp --> enhance acc

Question 127

# lesson seven (34) how is access limited by the role of the judge?

Answer 127

- acc hearing / trial by m / j = chall b/c assoc high $ & time consuming nat of proceedings --> courts & experties of jud off = inacc

Question 128

# lesson seven (34) what are the similarties between judges in civil & criminal trials?

Answer 128

- conduct w/o bias - ensure rulings & evidence & proce =applied - answer further qs about leg terms for jury - det whether case resolved prior to court trial = comm / med - adhere to strict rules of evid & pro - det & dec admiss of evid / docu

Question 129

# lesson seven (34) what is unique to the role of judges in criminal law?

Answer 129

- mag will det prima facie = x same j for indict trial - j plays less active role in cas mana = x order pre-trial proc other than comm b/c pros = leg exp / exp to gather & present case

Question 130

# lesson seven (34) what is unique to the role of judges in civil law?

Answer 130

- order med to resolve thier disputes pre & during trial - take opp to assist & provide guidance to unrep parties - the same judge will case manage - determine liability & remedies awarded

Question 131

# lesson seven (34) define party control

Answer 131

- the power to determine the course of proceedings by parties

Question 132

# lesson seven (34) how does the plaintiff's role enact party control?

Answer 132

- choosing which court to bring their claim (dep on amount claimed) - choosing what evidence to present - the choice of witnesses to use - what defences they will raise - must comply w/ the rules of evidence & procedure - disclosing infor to the def

Question 133

# lessen seven (34) what is the plaintiff's role & responsibility when disclosing information to the defendant?

Answer 133

- respon of parties to ensure all rele doc are presented to courts as per the Civil Procedure Act 2010 (Vic) - plain = phys injuries --> medical rec / text / emails / photographs - parties role to discover docu cont thr trial

Question 134

# lesson seven (34) plaintiffs role of presenting evidence

Answer 134

- must pres all evid to j thr trial along w/ jury if req - lay evid - expert evid

Question 135

# lesson seven (34) what is lay evidence?

Answer 135

- evi given by ordin person about what happened or what they saw - X give evid about their opinon / expertise on the matter - e.g. someone who saw the plain. fall occur

Question 136

# lesson seven (34) what is expert evidence?

Answer 136

- given by people w/ a prof opinon about an issue in the case - may have expertise in the field of med / fin / psych

Question 137

# lesson seven how does the plaintiff participate in the trial?

Answer 137

- making opening & closing addresses - pres case to the j & j --> wit used --> barr ask qs thr exam in chief - cross exam of other side's wit in hope of challenging cred or iden holes or weak in evid

Question 138

# lesson seven (34) what are the roles of the plaintiff?

Answer 138

- party control - disclosing information to the defendant - presenting evidence - participating in the trial

Question 139

# lesson seven (34) define counterclaim

Answer 139

- a sep claim made by the def in response to the plain's claim & usually heard at the same time

Question 140

# lesson seven (34) what is the role of the defendant in regards to party control?

Answer 140

def has party control over how they wish to present their side of the case --> - raise rele evid - call on their own wit - def = x oblig to pres def if they believe the plain has x sufficiently proven their case on balance of prob

Question 141

# lesson seven (34) what is the role of the defendant?

Answer 141

- party control - disclosing evidence - present defences through out the trial & to jury if selected

Question 142

# lesson seven (34) what is the role of the defendant when disclosing evidence?

Answer 142

- def has duty to ensure all rele docu are presented to the court as per the Civil Procedures Act 2010 (sim to plain)

Question 143

# lesson seven (34) hwow does the role of the parties uphold fairness?

Answer 143

- parties to a civl disp have ctrl of their own case & = resp for dec what facts to pres & how to pres them - --> t/f p.c contrib to f b/c part = part in & have ctrl over the civ court proc

Question 144

# lesson seven (34) how does the role of the parties hinder fairness?

Answer 144

- self rep parties may x understand who doc = rele --> t/f fail to disclose all rele evid to court --> jeop f outcome to case where x all evid = assessed - self rep parties may stru to undst how to pres leg arg & evid in best possible light --> unf outcome

Question 145

# lesson seven (34) how does the role of the partie achieve equality?

Answer 145

- bp given = opp to pres their case to court - bp must abide by court processes & procedures --> bp treated the same before the law

Question 146

# lesson seven (34) how is equality not upheld within the role of the parties?

Answer 146

- x all part = equipped to pres their case to a j & j w/o assis of leg pract --> t/f some part ( low socio status) = x able to def themselves effectively b/c expense of leg rep

Question 147

# lesson seven (34) how is access promoted by the role of the parties?

Answer 147

- courts prov some gen guidance to part who are rep themselves reg court procedures --> allow better engage w. just sys & its processes on an inf bas --> enhance acc

Question 148

# lesson seven (34) how does the role of the parties impede access?

Answer 148

- instit = VLA = often unable to supp parties in civ disp --> leaving def w/o leg rep --> parties w/o leg rep = strug to undst rights / how to pres argu & evid --> lim

Question 149

# lesson seven (34) what is unique about the role of parties in criminal law?

Answer 149

- x oblig for acc in pre-trial --> incr flex in p.c - prosec must prep for committ - prosec must discl evid & facts to acc - prosec rep state - enter into plea

Question 150

# lesson seven (34) what is unqiue about the role of parties in civil law?

Answer 150

- many opp to choose methods to resol disp (ADRs / courts / neg) - plaint bears the burden - expect that parties engag in o.of.c attempts to resol disp - b/c limit iin VLA self rep = incr guid & assis from j

Question 151

# lesson seven (34) what are the similarties between the role of parties within criminal & civil law?

Answer 151

- party control - pres / org / prep evid

Question 152

# lesson eight (35) how are juries used in civil cases?

Answer 152

- jury = x guaranteed right for part - req to det liab & aw rem - 6 jurors - x common (2022-2023 = 11 civ / 42 crim sc) - party must seek approval to have jury used in civ matt & must be able to fund $

Question 153

# lesson eight (35) what is the cost of a jury in the county court?

Answer 153

- 1st day = $1,626 - subsequent days = $303.60

Question 154

# lesson eight (35) what are the main roles of a jury?

Answer 154

- remain objective - listen to evid, j's directions & submissions made by leg reps - det liability

Question 155

# lesson eight (35) what does it mean for the jury to remain objective?

Answer 155

- should be indep & unbiased throut prroceedings & when set verdict - jurors = believe x rem imp = excused during empan

Question 156

# lesson eight (35) explain the juries role of listening to evidence, judges directions & submissions made by legal reps

Answer 156

- must listen to all evid pres at trial to ensure verdict reached = based on rele evid & facts - jurors = notes & keep track of info throut trial through listening to direct given by j & explan of key concepts

Question 157

# lesson eight (35) how does the jury determine liability?

Answer 157

- det whether deff = resp for plain's loss / harm = based on whether plain = satisf their burden & met standard - bal of prob - unan or 5/6 - jurours = x req reasons for verdict - other than def --> j = contrib calcu dam

Question 158

# lesson eight (35) how do juries help uphold fairness?

Answer 158

- a randomised cross-section of the comm. used determine verdict --> parties to a civ disp = feel their case = decided by their peers & according to div range of views - juries = x seek addit info about case beyond courtroom & = instruc to disreg any prior knowl of disp. --> incr f b/c enc juries = impar.

Question 159

# lesson eight (35) how does the role of the juries impede fairness?

Answer 159

- making dec in leg cases = complx task & undertaken by ppl w/ x leg training --> incr risk of unf verdict - jurors = x req to prov rationale of verdict --> x guara law = correctly appl based on facts pres

Question 160

# lesson eight (35) how does the juries role promote equality?

Answer 160

- bp = cap to req j trial in civ disp reg of personal charact

Question 161

# lesson eight (35) how do juries limit equality?

Answer 161

- party = wish have a j trial h/w = unable to bear $ --> lim eq b/c those = low socio stat = less likely to utili civ j trial - indivi = inel / disq from j --> parties x feel j = true cross sect of comm --> underm eq to trial of 1's peers

Question 162

# lesson eight (35) how do juries uphold access?

Answer 162

- presence j --> incr use of plain eng inst of leg jargon --> ens j undst courts proc & evid asked to make dec on --> allows bp undst the processes being used to det their case --> incr inf bas

Question 163

# lesson eight (35) how do juries restrict the principle of justice?

Answer 163

- add fees req --> x fin viable for some part to req j --> fin constraints makes trial by j = inaccess - acc to eff disp reso = delay by j b/c ext time req = empan j & expl key concepts / evid - j --> mistr b/c j miscond --> req retrial & incr delay achiev just --> hind eff & timely acc to just

Question 164

# lesson eight (35) what are the variety of reasons to why legal representatives are needed in civil matters?

Answer 164

- civ just sys = compx & diff navig b/c meth & proc (pleadings / discov / med) inv in resol in civ claim - parties want to rely on expert & experi of skilled leg rep to rec best rem poss - party = too emot invest in case to make object dec about how to argue / pres their case - part = need assist ident & coll rele evid = rep / bank statements / emails / video rec / transcripts to asst prep of case

Question 165

# lesson eight (35) who can the legal representatives in civil matter be divided into?

Answer 165

- solicitors - barristers

Question 166

# lesson eight (35) who are solicitors?

Answer 166

- trained lawyer in civ matters - p & def may initi see if believe they have cliam/def claim - gen assist clients w/ d-to-d leg matt & concerns

Question 167

# lesson eight (35) what can a solicitor do?

Answer 167

- prov adv to clients about likli of succ on leg matt - ident fact to consid before initi claim ($ / time / lim of actions) - prep leg docu for triial (writ) - comm w/ other party's leg rep - res rele law - eng the rele serv of a barr to rep client in court

Question 168

# lesson eight (35) who are barristers?

Answer 168

- self-emply lawyers who reg appear in court & resp for rep a party during trial

Question 169

# lesson eight (35) how do legal representatives represent a party during trial?

Answer 169

- making leg arg - qing of wit - pres evid - summ the case for the j & j - once case = over --> ensu that leg binding agreem may be formed / lawy ensu agree = binding bp & agree = x unf on client

Question 170

# lesson eight (35) what factors need to all apply for a defendant to receive assistance from VLA?

Answer 170

- the claim more than $5000 - def's sole home is at immediate risk in the action - strong prospect that the def can def the action

Question 171

# lesson eight (35) when may VLA grant legal assistance to the plaintiff?

Answer 171

- when the plaintiff is in a civil dispute to which their claim is $5000 or more

Question 172

# lesson eight (35) what is an example of a CLC in civil matters?

Answer 172

- Disabil Discrim Leg Serv in melb assists ppl w/ dis discrim matters