Civil Law In Action Flashcards Preview

Legal Studies > Civil Law In Action > Flashcards

Flashcards in Civil Law In Action Deck (24)
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1
Q

Conciliation

A

The conciliator suggest a solution to the dispute

2
Q

Mediation

A

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

3
Q

Arbitration

A

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

4
Q

Judicial determination

A

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

5
Q

Advantages of dispute resolution other than judicial determination

A

Less Money and time

less stressful

6
Q

Disadvantages dispute resolution other than judicial determination

A

the decision is not binding except though arbitration

Not suited to all types of personalities

7
Q

Letter Of Demand

A

A letter outlining the plaintiffs claim and the remedy sought

8
Q

Statement of Claim

A

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

9
Q

Statement of Defence

A

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

10
Q

Interrogatories

A

Questions that are answered under oath by either side

11
Q

Discovery of Documents

A

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

12
Q

Certificate of readiness for trial

A

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

13
Q

Burden of Proof

A

plaintfiff

14
Q

Standard of proof

A

Balance of probabilities

15
Q

Are Juries necessary in a civil law

A

optional, Only if a party request for one

16
Q

Special/Specific damages

A

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

17
Q

general damages

A

a monetary award that is estimated by the court

18
Q

Remedy of injuction

A

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

19
Q

lack of awareness of rights

A

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

20
Q

Communication Problems

A

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
Q

Access to legal representation

A

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
Q

Role of jury

A

To decide in favour of one party or the other

23
Q

Jurisdiction in the Supreme court & County Court

A

Unlimited

24
Q

Jurisdiction in the Magistrate court

A

100,000 10,000 arbitration