UNIT 2 AOS 3 remedies Flashcards
(81 cards)
civil law
Area of law that defines the rights and responsibilities of individuals, groups, and organisations in society and regulates private disputes.
damages
an amount of money that on party is order to pay another party for loss or harm suffered - most common remedy
jurisdiction
the lawful authority (or power) of a court, tribunal or other dispute resolution body to decide legal case.
court hierarchy
the ranking of courts from lowest to highest according to seriousness or the complexity of the matter they are dealing with.
balance of probabilities
the standard of proof in civil disputes. this requires the plaintiff to establish that it is more probable (likely) than not that their claim is true.
standard of proof
the degree or extent to which a case must be proved in court.
counterclaim
a seperate claim made by the defendant in response to the plaintiffs claim. (heard at the same time)
case management
a method used by courts and tribunals to control the progress of legal cases more efficiently and effectively. case management generally involves the person presiding over the case making orders and directions in the proceedings.
order
Court orders are the way the decisions or judgments of judicial officers are described.
directions
instructions given by the court or tribunal to the parties about time limits and the way the civil proceeding is to be conducted.
appeal
an application to have a higher court review a ruling.
original jurisdiction
the power of a court to hear a case for the first time.
appellate jurisdiction
the power of a court to hear a case for the second time.
fairness
all people can participate in the justice system and its processes should be impartial and open.
equality
all people should be treated in the same way, but if the seem treatment creates disparity or disadvantage, adequate measures should be implemented to ensure that all people can engage with the justice system without disparity and disadvantage.
access
all people should be able to engage with the justice system and its processes on an informed basis
remedy
any order made by a court designed to address a civil wrong or breach. a remedy should provide a legal solution for the plaintiff for the breach of civil law by the defendant.
mediation
a method of dispute resolution that uses an independent third party (the mediator) to help the disputing parties reach a resolution.
- final decision in mediation is legally enforceable if a terms of settlement is signed.
terms of settlement
a document that sets out the terms on which the parties agree to resolve their dispute
conciliation
a method of dispute resolution that uses an independent third party (i.e. a conciliator) to help the disputing parties reach a resolution
compulsory conference
a confidential meeting between the parties involved in a dispute in the presence of an independent third party to discuss ways to resolve their differences and explore possible resolutions
arbitration
a method of dispute resolution in which an independent person (an arbitrator) is appointed to listen to both sides of a dispute and make a decision that is legally binding on the parties. The decision is known as an arbitral award.
jurisdiction
the lawful authority (or power) of a court, tribunal or other dispute resolution body to decide legal cases
balance of probabilities
the standard of proof in civil disputes. This requires the plaintiff to establish that it is more probable i.e. likely than not that their claim is true