Unit 2 - Area of Study 2 - Remedies

Question 1

A civil claim for under $100,000 would be heard in.

Answer 1

Magistrates Court

Question 2

A civil claim for over $100,000 would be heard in either of these courts

Answer 2

Supreme or County Court

Question 3

An appeal from the Magistrates Court on a point of Law would be heard in

Answer 3

Supreme Court - Trial Division

Question 4

An appeal from the County Court on a point of law would be heard in

Answer 4

Supreme Court - Court of Appeal

Question 5

Which court has the lowest jurisdiction in the Victorian Court hierarchy?

Answer 5

Magistrates Court

Question 6

A class action is most likely to be first heard in

Answer 6

Supreme Court - Trial Division

Question 7

True/False - The Court of Appeal has no Appellate Jurisdiction

Answer 7

False

Question 8

True/False - The County Court hears appeals from the Magistrates Court on point of fact

Answer 8

False

Question 9

True/False - A civil claim for $9,000 would be heard in the Magistrates Court

Answer 9

False - It would first go through Arbitration

Question 10

True/False - A jury is only present in civil cases if one party pays for their attendance.

Answer 10

True

Question 11

A dispute resolution body which deals with consumer disputes but cannot make a legally binding outcome.

Answer 11

Consumer Affairs Victoria

Question 12

The residential tenancies list is a category of disputes heard by

Answer 12

VCAT - Victorian Civil and Administrative Tribunal

Question 13

An official appointed to investigate individuals’ complaints against a company or organization, especially a public authority

Answer 13

Ombudsman

Question 14

The principle of justice which aims to give both parties the same opportunities to present their case and remove disadvantage

Answer 14

Equality

Question 15

The principle of justice related to an individuals ability to engage with the legal system.

Answer 15

Access

Question 16

The principle of justice which aims for court processes to be open without bias

Answer 16

Fairness

Question 17

A dispute resolution method which has an independent third party facilitate a conversation with no direct input

Answer 17

Mediation

Question 18

A dispute resolution method where the 3rd party is an expert and suggests potential outcomes for the two parties

Answer 18

Conciliation

Question 19

A dispute resolution method which involves an independent 3rd party who can make a legally binding outcome.

Answer 19

Arbitration

Question 20

An alternative dispute resolution method which is faster and cheaper than a case going to the courts.

Answer 20

All of them (mediation, conciliation, arbitration)

Question 21

A civil jury has this many people

Answer 21

6

Question 22

True/False: Deaf and blind people are able to serve on a jury in Victoria

Answer 22

False

Question 23

3 reasons why someone could be removed from a jury are:

Answer 23

Ineligible, disqualified, excused

Question 24

Who has to pay for a jury in a civil trial?

Answer 24

Whichever party requests it

Question 25

True/False: there is always a jury in a civil trial in the County and Supreme Court

Answer 25

False

Question 26

True/False: language barriers can limit First Nations peoples access to the civil justice system

Answer 26

True

Question 27

How do socioeconomic disadvantages impact First Nations people?

Answer 27

This can limit their ability to seek justice due to the high costs of legal representation and court fees.

Question 28

The two main types of remedies are:

Answer 28

Damages and injunctions

Question 29

A remedy which aims to compensate with exactly quantifiable amounts is:

Answer 29

Specific damages

Question 30

General damages aim to:

Answer 30

Compensate the plaintiff for losses which cannot be quantified such as pain and suffering.

Question 31

An injunction which prevents a behaviour from occurring

Answer 31

Restrictive injunction

Question 32

A temporary injunction is known as a:

Answer 32

Interlocutory injunction

Question 33

An injunction which forces someone to complete an action

Answer 33

Mandatory injunction

Question 34

A weakness of damages in restoring a plaintiff to their original position is:

Answer 34

Monetary compensation may not be able to compensate for pain and suffering of a plaintiff

Question 35

Two challenges faced by people of low socioeconomic status could be:

Answer 35

Due to financial costs, parties may decide to settle out of court. Unequal legal representation between parties. A party may find it difficult to understand court proceedings if they can’t afford a translator. Parties may not be able to access a jury. Parties may be unable to afford an appeal.

Question 36

Two challenges faced by young people in the legal system could be:

Answer 36

Lack of understanding of the civil justice system and their rights. Lack of financial ability to initiate action or attain legal representation. Ability to present evidence in court – children are represented by guardians so don’t present evidence as a plaintiff or defendant but may still be a witness. Challenges with involvement in alternative dispute resolution. Representation of children’s interests in family law mediation. Power imbalances.

Question 37

Difficulties faced by people in remote communities could be:

Answer 37

Lack of access to resources. Lack of access to legal services. Online platforms may not have relevant information. Lack of access to technology.

Question 38

The three purposes of remedies are:

Answer 38

To restore the plaintiff to their original position To uphold the plaintiffs rights To deter others from infringing on rights