U3 AOS 2: Key concepts Flashcards Preview

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Flashcards in U3 AOS 2: Key concepts Deck (8)
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1

Parties in a civil case

Plaintiff: Person initiating the civil action
Defendant: The party who is alleged to have infringed the rights or caused wrongdoing

2

Fairness in Civil cases

- Availability of legal rep
- Whether parties can understand legal proceedings, terminology and assistance
- Whether all parties are treated without bias

3

Equality in Civil cases

- Impartiality of the judge
- Extent the civil justice system is available to all
- Extent availability and skill of legal rep impacts people

4

Access in Civil cases

- Availability of range of methods and bodies that can be used to resolve civil disputes
- The costs of delays associated with having disputes resolved
- The availability of legal rep and assistance to parties

5

Purpose of civil law

A civil case aims to restore the injured party to their original position before the wrongdoing occurred by providing a remedy to the dispute.

6

Representative proceedings

A proceeding in the name of one person, on behalf of a group. If the group all have the same claims against the same party, they may be able to join together to commence a civil action (class action) the main type of RP

7

Benefits of Representative proceedings

- Group members can share cost
- More efficient way of the court dealing with a number of claims
- People can pursue civil actions that they might not be able to afford on their own

8

Types of Representative proceedings

- Shareholder class actions
Where shareholders of a company may make a claim about being misread about the state of the company affairs
- Product liability class actions
Where consumers who have purchased goods or service have all suffered the same loss / damage
- Natural disaster class actions
Where the group members have suffered loss or damage as a result of a natural disaster