U3AOS2- Civil justice system Flashcards
(41 cards)
What is civil law?
A legal system that provides a mechanism for resolving private disputes and rectifying wrongs
Includes various areas such as torts, employment, family, and more.
Who are the parties involved in a civil case?
Plaintiff v defendant
Either party could be individuals, businesses, organizations, or government bodies.
What are the main aims of civil law?
- Provide a mechanism for resolving private disputes
- Restore a plaintiff to their original position
Who has the burden of proof in a civil case?
The plaintiff
(if defendant makes a counterclaim, defendant is plaintiff in counterclaim & original plaintiff is defendant in counterclaim)
Because they initiated the case.
What is the standard of proof in civil law?
On the balance of probabilities
Requires the plaintiff to prove their version of events is more likely to have occurred than not.
What are some dispute resolution methods in civil law?
- Mediation
- Conciliation
- Arbitration
- VCAT hearing
- Court hearing/trial
What are possible outcomes in a civil case?
- Defendant liable or not liable
- VCAT order or court order
- Settlement
- Remedies such as damages or injunctions
What are examples of civil law cases?
- Torts
- Employment
- Family
- Constitutional
- Migration
- Intellectual property
- Consumer/products
- Wills
- Land/property
- Rental
- Contract
- Corporations/commercial
What is the role of the plaintiff in a civil case?
To initiate the claim and prove the facts of the case
What does ‘time-barred’ mean in civil law?
A claim that cannot be brought because it is outside the limitation period
What is a counterclaim?
A separate claim made by the defendant in the same case
What are three factors to consider before initiating a civil claim?
- Costs
- Limitation of actions
- Enforcement issues
What does the limitation of actions refer to?
The restriction placed on the time within which a civil action can be commenced
What is an adverse costs order?
An order where the unsuccessful party must pay part of the successful party’s legal costs
What issues should a plaintiff consider regarding costs before initiating a civil claim?
- How much will my costs be?
- Can I afford to pay that?
- What is my chance of winning the case?
- Will any settlement or damages outweigh my costs?
Why is it important to consider enforcement issues before initiating a civil claim?
To determine if the defendant can comply with any settlement or order made
What is a settlement in civil law?
An agreement reached between the plaintiff and defendant, often during mediation
What should a plaintiff find out about a potential defendant before initiating a claim?
- Are they bankrupt?
- Do they have access to savings/assets?
- Are they in jail?
- Are they overseas or difficult to contact?
What are the principles of justice in the civil justice system?
- Fairness
- Equality
- Access
What is the role of legal practitioners in a civil dispute?
To provide legal advice and representation for the parties involved
What is a class action in civil law?
A legal action where a group of people collectively bring a claim to court
What are the main institutions used to resolve civil disputes?
Consumer Affairs Victoria (CAV), Victorian Civil and Administrative Tribunal (VCAT), Courts
These institutions provide platforms for resolving civil disputes through various methods.
What is the purpose of using class actions in civil disputes?
To allow multiple parties with similar claims to collectively seek resolution
Class actions can effectively address widespread issues affecting a large group.
