POJ
Name the principle of justice that relates to open processes.
Fairness
The dispute resolution method where the agreement is binding.
What is arbitration?
Expertise in certain types of disputes and can make binding decisions.
What is tribunals?
None
THE EASIEST PURPOSE OF SANCTIONS TO ARGUE.
Addressing barriers for First Nation's People.
What is Koorie Court
Someone with specialist knowledge that can suggest options and possible solutions.
What is Conciliator?
Tribunal that will haunt you forever.
What is VCAT?
Considerable issue with Civil jury trials.
What is party has to pay for jury?
TWO PROMINENT TYPES OF DAMAGES
Specific/Special - Quantifiable
General - Non-quantifiable
Barrier regarding lack of social and communication skills
What is young people?
Method of dispute resolution used by the Fair Work Commission.
Mediation or Conciliation
What is Complaints Bodies?
What is claims of up to $100 000?
Two types of injunctions.
Restrictive injunction - stops someone from doing something
Mandatory injunction - compel someone to do something
Body that is actively taking steps to be more accessible to First Nations People by increasing Koorie staff, having a Koori Support Team and a Koorie hearing room.
VCAT
Has to be signed for Mediation or Conciliation to be successful.
What is terms of settlement?
Two types of ombudsmen.
What is Government and industry?
Both the County Court and Supreme Court - Trial Division have unlimited jurisdiction. There are differentiating factors -yes.
Supreme Court is more expensive and hears more complex cases.
Two strengths and weaknesses about remedies restoring plaintiff
Strength: money to pay for medical bills, loss of wages - economic and financial loss - specific damages
nominal damages can recognise harm has occurred but no real loss
Weaknesses: Future loss can be difficult to calculate
non-quantifiable loss for psychiatric harm is difficult to quantify - general damages
Can never compensate loss of life
Stress of going to court (can be compensated through costs)
The use of a translator in court is an example of what aspect of a principle of justice.
Benefits of methods compared to courts.
What is cheaper, faster, less formal, less stressful.
Cases that cannot be heard anywhere other than the court.
What is class actions?
Role of Judge in Civil Trial - 5 reasons
Give directions to jury members
Case management - manage evidence, manage parties, makes orders
Determine liability
Determine remedy
Impartial referee who ensures law and correct procedure are followed.
Differences between compensatory, nominal and contemptuous damages.
Compensatory= awarded for loss suffered (general, specific, aggravated)
Nominal = rights infringed but loss was not substantial
Contemptuous = plaintiff's claim was successful but court disapproves