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Question 1

Remedy

Answer 1

Any mean by which a wrong is redressed

Question 2

Fairness

Answer 2

All people can participate in the justice system and it’s processes are impartial and open

Question 3

Equality

Answer 3

All people engaging in the justice system should be treated the same way. If it causes disparity or disadvantage then measures should be put in to avoid this.

Question 4

Access

Answer 4

All people should be able to engage in the justice system and its processes on an informed basis

Question 5

Damages

Answer 5

A sum of money granted to the plaintiff, to be paid by the defendant, in satisfaction of a claim made by the plaintiff

Question 6

Compensatory damages

Answer 6

An award that attempts to compensate the plaintiff for the injury or damage suffered

Question 7

Specific damages

Answer 7

-Can be given a precise monetary value
-Can be listed
-Easily quantifiable
e.g. Medical expenses, loss of wages

Question 8

General damages

Answer 8

Monetary compensation awarded for harm or injuries suffered by the plaintiff for which an exact dollar value cannot be calculated

Question 9

Aggravated damages

Answer 9

Damages awarded to a plaintiff that has suffered distress, humiliation or insult as a result of the defendants actions

Question 10

Exemplary damages

Answer 10

Damages awarded with the intent to make the defendant an example to the rest of the community

Question 11

Nominal damages

Answer 11

A small sum of money awarded to the plaintiff when the plaintiff proves their legal rights have been violated but does not demonstrate they are actually entitled to monetary compensation. Principle of the matter more important

Question 12

Contemptuous damages

Answer 12

Damages awarded to the plaintiff when the court feels that they have a legal right to damages, but not a moral right, they do not deserve to be paid damages

Question 13

When are damages an appropriate remedy

Answer 13

The plaintiff has an economic loss such as the loss of wages, money or a good that can be replaced by money, so the damages can restore the plaintiff to the position they were in prior to the wrong.

Question 14

When are damages not an appropriate remedy?

Answer 14

-The plaintiff has suffered loss or injury other than pure economic loss
-The defendant is not able to pay the plaintiff
-Damages do not compensate for time, stress, inconvenience, cost of taking the matter to court

Question 15

Injunctions

Answer 15

A court order directing someone to stop doing something or to do something

Question 16

Mandatory injunction

Answer 16

Ordering a person to do a particular act

Question 17

Restrictive injunction

Answer 17

Ordering a person to stop doing something

Question 18

Interlocutory injunction

Answer 18

Temporary injunction awarded quickly and in circumstances where there is an urgent situation, to preserve the parties until the final determination of the matter

Question 19

Final injunction

Answer 19

Remains in force indefinitely

Question 20

Purpose of injunctions

Answer 20

To rectify a situation caused by the person found to be in the wrong

Question 21

When do injunctions achieve their purpose?

Answer 21

When they restore the plaintiff to their original position by ordering the defendant to fulfil an obligation

Question 22

When do injunction not achieve their purpose?

Answer 22

-The actions of the defendant have already caused damage
-Defendant is unwilling to comply with the injunction

Question 23

Complaints bodies

Answer 23

Free or low-cost complaints and dispute resolution service for individuals and small businesses making complaints about provision of goods or services or decisions made by certain bodies or authorities

Question 24

Are complaints bodies binding

Answer 24

No they do not have the power to make binding decisions or conduct hearing

Question 25

Consumer affairs Victoria (CAV)

Answer 25

Conciliates disputes between consumers and traders, tenants and landlords, about the provision of goods and services and about rental properties

Question 26

Strengths of complaints bodies

Answer 26

- Industry-specific expertise - Proactive in preventing future issues - Regulatory authority and enforcement powers

Question 27

Weaknesses of complaints bodies

Answer 27

- Limited power to resolve complex issues - Can be seen as biased if funded by the industry - Process may be less transparent

Question 28

Strengths of VCAT

Answer 28

- Legally binding decisions - Faster and less formal than normal courts - Specialised knowledge in certain areas

Question 29

Weaknesses of VCAT

Answer 29

- Costs can be incurred - Decisions can be appealed leading to delays - Not appropriate for large/complex cases

Question 30

VCAT

Answer 30

A dispute resolution body that aims to provide a low cost, efficient and speedy method of dispensing justice

Question 31

What does VCAT hear

Answer 31

A broad range of civil disputes, including residential tenancy disputes, discrimination claims and guardianship disputes

Question 32

Five divisions of VCAT

Answer 32

-Administrative -Human rights -Planning & environment -Civil -Residential

Question 33

Mediation

Answer 33

A joint problem solving process in which the parties discuss the issues they disagree on and try and reach a negotiation, with the help of a mediator who is impartial and neutral

Question 34

Is mediation and conciliation binding

Answer 34

No unless both parties agree to sign a terms of settlement

Question 35

Conciliation

Answer 35

A process of dispute resolution involving the assistance of an independent third party that aims to enable parties to reach a decision

Question 36

Role of conciliator

Answer 36

Make suggestions and offer advice in finding a mutually acceptable solution

Question 37

Arbitration

Answer 37

Where an independent their party is appointed to listen to both sides of the dispute and make a decision that is legally binding on the parties

Question 38

Magistrates, county and Supreme Court monetary jurisdiction

Answer 38

Magistrates- Under 100k Supreme and county- Unlimited

Question 39

Strengths of mediation

Answer 39

- Informal - Reduces court burdens - Cheaper

Question 40

Weaknesses of mediation

Answer 40

- Not binding - Not suitable for some matters - Intimidation, one party might try and dominate proceedings

Question 41

When is a jury used in civil trials?

Answer 41

Not in magistrates court Optional in supreme and county courts

Question 42

Role of a jury in a civil trial

Answer 42

Six jurors randomly selected Consider the facts of the case and decide who is most likely to be in the wrong Decision made on the balance of probabilities May be required to decide amount of damaged Not required to give reasons for their decisions Plaintiff has to pay