Definitions
What is a remedy?
a remedy is a court order to address a wrong or harm caused by another party
When is a jury used in civil cases?
In civil cases, a jury is generally used when a party requests it, particularly in defamation cases. A jury determines whether the plaintiff has established their claim and, in most cases, the amount of damages to be awarded. Civil juries consist of six people (or more, in some cases) selected randomly from the electoral roll.
Identify the three dispute resolution methods
1. Mediation
2. Conciliation
3. Arbitration
What is the lowest court in the court hierarchy
magistrates court/ children’s court
Who are at least 2 of the key personnel in a civil case
1.judge
2. Magistrate
3.plaintiff
4. Defendant
5. Legal practitioners
Define limitation of actions
the period in which the plaintiff is able to initiate a claim after the loss occurred
In a criminal case an accused is found guilty
what would a defandant in a civil case be found
liable / not liable
List one similarilty between mediation, conciliation and arbitration
1. They involve an independent third party
What is the higest court
the high court of Australia
half points: Supreme Court of appeals
Who bring the case forward in a civil case
the plaintiff
Define defamation
The action Of damaging the good reputation of someone
what are three factors to consider before initiating a civil claim
*100 points per answer
1. Limitation of actions
2. Cost
3. Enforcement issues
List an advantage of mediation
1. Cost
2. Time
where is a civil case heard
supreme court trial division
Who is in charge of deciding the remedy in a civil case
the judge
Define negligence
for a bonus 50 points give a characteristic of negligence
negligence is the failure of a party to fulfill its duty of care for another party
* breach of duty of care ie: injury or loss
What is a class action
a legal proceeding in which a group of people (7 or more) who have a claim against the same defendant based on similar facts
list one advantage and disadvantage of concilation
advantage
- less time consuming
- cost effective
etc
disadvantage
- not legally binding
etc
List 3 reasons for court hierarchy
1. Administrative convenience
2. specialisation
3. Appeals
List One differences between the roles of a magistrate and judge
1. Reside in different courts (magistrate in magistrates court and judge in supreme and county court)
Define liability
In civil law, liability means being legally responsible for an action or failure to act that has caused harm or loss to another person or entity. This responsibility can lead to a court order to pay compensation for the damage or loss.
What does limitation of actions ensure
matters are sorted as quickly possible
ensures that evidence is not lost
recollection of the case still accurate
What is the legally binding decision that results from arbitration
arbitrator award or arbitration award
What is common law and statue law
Common law is ‘law’ that is made by courts (judge made law) while statue law also known as legislations is law made by parliament
Why do we need legal practitioners in a civil case?
Legal practitioners (lawyers) are needed in civil cases to ensure fairness, efficiency, and access to justice for all parties involved. They provide crucial legal expertise, advice, and representation, helping clients navigate the complexities of the legal system and understand their rights and obligations.