BOP, SOP & Court Hierarchy
What is the burden and standard of proof in civil claims?
Plaintiff; Balance of Probabilities
What is the acronym to remember the factors to consider when initiating a civil claim? Name each factor.
CEL - costs, limitation of actions, enforcement issues
VCAT & Courts
What does a jury decide in a civil case?
Liability AND remedy (except for defamation cases)
List the two types of remedies.
Which reason for a civil court hierarchy is also a reason for a criminal court hierarchy?
Appeals
List every key term linked to fairness, access and equality.
F: participate, open, impartial. A: engagement, informed basis. E: formal equality, substantive equality (disadvantage/disparity, adjustment)
There is a history of violent and threatening behaviour. Which 2 methods of dispute resolution are inappropriate to use to resolve this dispute?
Mediation and conciliation
What question can be asked about key personnel, that cannot be asked on any other SAC this year?
Compare AND criminal to civil.
List 2 types of costs involved in civil disputes that are NOT related to legal fees.
Disbursements, court fees, adverse costs order
What happens if the plaintiff cannot meet the standard of proof?
They lose and their claim will fail
When would a class action be appropriate? List 2
Over $5million, more than 7 plaintiffs, someone willing to be lead plaintiff etc.
List all elements of a “Discuss the extent” response
Contention, Strengths, Weaknesses, Distinguishing Language, Overview
Achieve: both sides have representation - formal eq.
Not achieve: difference in skill & experience - not substantive eq. (one side may be disadvantaged by lack of money to pay a better lawyer, no adjustment made)
A plaintiff now has agoraphobia (fear of going) due to an incident in the workplace that harmed them. What type of damages is most appropriate and why?
General AND pain & suffering for mental harm OR unquantifiable damage (hard to put a price on agoraphobia)
What is the highest court in the Victorian court hierarchy?
High Court of Australia
What can happen if the plaintiff files a claim after the limitation period expires?
The defendant can raise this as a defence and the plaintiff will be unable to obtain a remedy
How does VCAT resolve civil disputes?
Mediation AND Compulsory Conference AND Final Hearing
Provide one example of a shared civil responsibility between the parties and legal practitioners.
Make an opening & closing address OR Present the case to the Mag/Judge and/or Jury OR Comply with overarching obligations
How do damages attempt to restore a plaintiff to their pre-harm position?
Specific damages replaces lost money OR General damages provides compensation for pain & suffering/irreversible damage
How does the burden of proof support fairness in the civil justice system?
BOP supports fairness through participation - the responsibility falls on the plaintiff, to participate in proving their claim.
How can litigation funding affect class actions?
Take a large portion of the damages; Pay for all costs upfront
Compare arbitration and the courts (judicial determination)
Similarity: binding decisions, impartial third party,
Difference: rules of ev & proc (relaxed vs strict), creation of precedent (none vs yes)
Name one judicial power of case management and provide an example.
Power to give directions - e.g. order mediation / order discovery of documents
How do court backlogs impact fairness?
Less participation, as have to wait for a trial/court date to try and prove/defend the claim