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Flashcards in Civil Law In Action Deck (24)
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1

Conciliation

The conciliator suggest a solution to the dispute

2

Mediation

Guides discussion with the parties
Ensures both sides are heard
Encourages parties to reach an outcome

3

Arbitration

Listens to both sides. Encourages the parties to reach a settlement themselves but if they don't a binding decision will be made

4

Judicial determination

Judge or Magistrates listen to both side of the story and ensures rules of evidence and procedure are followed

5

Advantages of dispute resolution other than judicial determination

Less Money and time
less stressful

6

Disadvantages dispute resolution other than judicial determination

the decision is not binding except though arbitration
Not suited to all types of personalities

7

Letter Of Demand

A letter outlining the plaintiffs claim and the remedy sought

8

Statement of Claim

It contains an outline of what the plaintiff is claiming and a statement of remedy required

9

Statement of Defence

It contains the defendant version of the facts and is sent to the plaintiff

10

Interrogatories

Questions that are answered under oath by either side

11

Discovery of Documents

A demand by either party too see the documents of the other party

12

Certificate of readiness for trial

a statement singed by both parties, that they are ready to proceed with a trial

13

Burden of Proof

plaintfiff

14

Standard of proof

Balance of probabilities

15

Are Juries necessary in a civil law

optional, Only if a party request for one

16

Special/Specific damages

A monetary award of damages that can be stated in exact amounts as they are easily measured

17

general damages

a monetary award that is estimated by the court

18

Remedy of injuction

A court order for a person to do something or restraining a person from doing something

19

lack of awareness of rights

The majority of people have very little idea about how and where to begin when faced with a legal dispute

20

Communication Problems

For varying reason many people would prefer to tolerate a situation of conflict rather than seek help. Indigenous Australians and migrants also have issues understanding our legal system makes it difficult for the people in the courts

21

Access to legal representation

person who wishes to pursue a civil claim in court must seek legal advice. Legal advice is expensive and a party is disadvantage if they have no legal representation or the opposition is experienced. the playing field may not be level.

22

Role of jury

To decide in favour of one party or the other

23

Jurisdiction in the Supreme court & County Court

Unlimited

24

Jurisdiction in the Magistrate court

100,000 10,000 arbitration