Civil Law Basics
What is the name of the party who brings a civil claim?
The plaintiff.
Which area of civil law involves failing to take reasonable care and causing harm?
Negligence.
What personal interest does defamation law protect?
Reputation
What does VCAT stand for?
Victorian Civil and Administrative Tribunal.
Name the three principles of justice.
Fairness, equality and access.
What is the legal term for monetary compensation awarded in a civil case?
Damages
What are human rights?
Basic freedoms and standards that uphold the dignity of all people.
Name one source of human rights protection in Australia.
The Australian Constitution, statute law or common law.
Which one is the odd one out? Plaintiff, defendant, prosecutor, damages.
Prosecutor.
What is the main purpose of civil law?
To protect rights and provide remedies when those rights are infringed, restoring the plaintiff as far as possible to their original position.
Identify the four elements needed to establish negligence.
Duty of care, breach of that duty, causation, and injury, loss or damage.
For defamation, must a statement appear in a newspaper to count as published?
No. Communication to at least one person other than the plaintiff can constitute publication, including speech or an online post.
In mediation, who decides whether to accept a settlement?
The parties. The mediator assists them but does not impose a decision.
What does a court’s jurisdiction mean?
Its lawful authority to hear and determine particular cases.
What is an injunction?
A court order requiring someone to do something or refrain from doing something.
What does UDHR stand for?
Universal Declaration of Human Rights.
What is the difference between statute law and common law?
Parliament makes statute law. Courts develop common law through decisions that establish precedents.
What is the mistake?
“In a civil case, the plaintiff must prove their claim beyond reasonable doubt.”
On the balance of probabilities.
What does proving a claim on the balance of probabilities mean?
Showing that the claim is more likely than not to be true.
A supermarket knows about a spill but leaves it unattended without a warning. A customer slips on it and breaks their wrist. Explain breach and causation.
Failing to respond reasonably to the known spill may breach the duty of care. The customer must show that this failure caused their fall and injury.
A post does not name a teacher but gives their school, subject and classroom. Could it still identify them? Explain.
Yes. Identification can occur if readers can reasonably work out who the statement refers to.
Explain one difference between mediation and conciliation.
A conciliator can take a more active advisory role and suggest settlement options. A mediator mainly facilitates the parties’ discussion.
Explain the difference between original and appellate jurisdiction.
Original jurisdiction concerns hearing a case for the first time. Appellate jurisdiction concerns reviewing a decision through an appeal.
Identify the type of compensatory damages most appropriate for each: medical bills, and pain and suffering.
Special damages for medical bills. General damages for pain and suffering.
Explain why the UDHR was significant to the development of human rights.
It established an internationally recognised statement of fundamental rights and influenced later treaties and domestic laws.
Explain one way the Victorian Charter influences public authorities.
Public authorities generally must act compatibly with Charter rights and properly consider relevant rights when making decisions.
Who Am I? I help parties resolve a dispute. I can suggest solutions and offer advice, but I cannot impose a decision.
Conciliation
A delivery driver negligently injures someone while making a delivery for their employer. Identify two possible defendants and explain why.
The driver, as the alleged wrongdoer, and the employer through vicarious liability because the driver was acting in the course of employment.
A customer’s own failure to take reasonable care contributed to their injury. Identify the relevant defence and its possible effect on damages.
Contributory negligence. Damages may be reduced to reflect the customer’s responsibility.
Someone sends an insulting message only to the person being insulted. Nobody else receives or sees it. Explain why publication has not been established.
The statement has not been communicated to a third party.
Two neighbours want to preserve their relationship and negotiate their own solution. Recommend a dispute resolution method and justify it.
Mediation is appropriate because it supports cooperation and allows the parties to control their agreement. Accept another well justified method.
A party cannot understand English. Explain how providing an interpreter can promote equality.
Different assistance can overcome disadvantage and allow the party to participate on a more equal basis.
A person continues publishing defamatory statements after being ordered to pay damages. What additional remedy might help, and why?
A restrictive injunction could order them to stop publishing the statements, helping prevent further harm.
A student says, “A right only matters if most people support it.” Explain why human rights protection is particularly important for minority groups.
Minority groups may lack the political influence to secure protection through majority support. Human rights recognise their dignity and interests regardless of popularity.
Explain one strength and one weakness of protecting rights through statute law.
Parliament can create detailed protections covering many people. However, parliament can generally amend or repeal ordinary legislation, potentially reducing protection.
Match each situation to a remedy: A: Repayment of medical expenses. B: Compensation for pain and suffering. C: An order to stop publishing defamatory statements.
A: Special damages. B: General damages. C: Restrictive injunction.
A defendant says, “The plaintiff also caused damage to my property, so I want compensation.” Identify the legal action the defendant could take and explain who must prove it.
A counterclaim. The defendant brings a claim against the plaintiff and bears the burden of proving that counterclaim on the balance of probabilities.
A shop leaves a dangerous spill unattended. A customer notices it and safely walks around it, suffering no injury or loss. The customer says, “You were careless, so you owe me damages.” Explain why the claim would fail on these facts.
Carelessness alone is insufficient. The customer suffered no injury, loss or damage caused by the shop’s breach.
A student says, “Any false comment about me automatically means I win a defamation case.” Identify two other requirements that make this statement incorrect.
Accept any two explained requirements: defamatory meaning, identification of the plaintiff, publication to a third party, or serious harm caused or likely to be caused to reputation.
A student says, “Consumer Affairs Victoria and VCAT do exactly the same thing because both can force parties to accept a decision.” Correct the statement.
CAV assists parties to reach agreement, including through conciliation, but cannot impose a binding resolution of their dispute. VCAT can make binding decisions within its jurisdiction.
A student says, “Using a civil jury guarantees fairness.” Give one argument supporting the use of a jury and one limitation, then reach a conclusion.
Community participation and collective decision making may support fairness. Bias or difficulty understanding complex evidence may undermine it. A jury can promote fairness but cannot guarantee it.
A seriously injured plaintiff receives compensation covering treatment and lost income but will never regain their previous mobility. Explain one way damages achieve their purpose and one limitation.
Damages address financial losses and fund care. They cannot fully restore health or reverse permanent injury, so restoration is incomplete.
Using a human rights issue studied in class, give two conflicting attitudes and explain the concern behind each.
Accept two clearly different attitudes connected to the same issue, with an explanation of the competing values or interests. For prisoner voting, these might concern democratic participation and rehabilitation versus punishment and civic responsibility.
A group wants to improve protection of a human right studied in class. Propose one specific reform, explain how it could improve protection, and identify one possible objection.
Accept a relevant reform with a clear connection to improved protection and a reasoned objection. For example, lowering the voting age could increase young people’s representation, while opponents may question readiness to vote.
A person cannot afford legal advice and does not know how to bring their civil claim. Which principle of justice is most directly affected, and why?
Access, because cost and lack of information limit their ability to engage with the justice system on an informed basis.
In one sentence, explain how an individual bringing a court case can improve human rights protection for people beyond themselves.
A court decision may establish a precedent or invalidate an unconstitutional law, protecting others affected by the same issue. Accept either clearly explained pathway.