Victorian civil justice system AOS 2

Question 1

civil dispute

Answer 1

a dispute between individuals or groups whereby one party is claiming that the other has infringed their rights or wronged them in some way

Question 2

what is the standard of proof?

Answer 2

on the balance of probabilities

Question 3

Civil law

Answer 3

the system of law concerned with private relations between members of a community rather than criminal matters

Question 4

What are three civil claim considerations?

Answer 4

Costs, limitation of actions and enforcement issues

Question 5

Limitation of actions

Answer 5

The time limit within which a civil claim must be initiated

Question 6

What are three alternative dispute resolution methods?

Answer 6

Mediation, Conciliation and Arbitration

Question 7

Mediation

Answer 7

a method of dispute
resolution that uses an
independent third party
(i.e. a mediator) to help
the disputing parties
reach a resolution

Question 8

Conciliation

Answer 8

a method of dispute
resolution that uses
an independent third
party (i.e. a conciliator)
to help the disputing
parties reach a
resolution

Question 9

Arbitration

Answer 9

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

Question 10

What are two reasons for a civil court hierarchy?

Answer 10

Administrative convenience and Appeals

Question 11

class action

Answer 11

a civil case bought in the name of one person on behalf of a larger group who all have claims against the same party