U3 AOS 1
Name the three principles of justice
Fairness, equality and access
Who are the two parties to a civil dispute?
Plaintiff and defendant
Name one express right and its Constitutional section
Freedom of religion (s116), trial by jury for Cth indictable offence (s80), not be discriminated against based on state of residence (s117), just terms when property is acquired(s51) and free interstate trade and commerce (s92)
What does the phrase 'rubber stamp' refer to?
Government has a majority in both houses of parliament.
Name two tests that are undertaken to test qualification for VLA
Income test
Merits test ('reasonable prospect of success')
What do VCAT and CAV stand for?
Victorian Civil and Administrative Tribunal and Consumer Affairs Victoria
What is royal assent?
formal signing and approval of a bill by the GC or Gov. after which the bill becomes an Act of Parliament.
What are the two types of media?
Traditional and social
1 strength and 1 weakness of committal hearings
S: - save time and resources of superior courts
- allows both sides to see evidence against
- upholds presumption of innocence
- minimises suffering for all parties
W - Increased pressure on Mag. Court
- Add delays
- Add expenses
- Unnecessary for strong cases
Name 3 factors to consider when initiating a claim
- negotiation options
- costs
- limitations of actions
- scope of liability
How many seats in the Senate and the House of Representatives?
S: 76
HoR: 151
What are the four roles of the VLRC?
Inquiry, Investigation, Monitoring and Education
R: - Consider all evidence
- Deliberate and reach a verdict
- Remain objective
W: - Can have unconscious bias
- not legally skilled or literate
Name the three civil pre-trial procedures
1. Pleadings
2. Discovery of Documents
3. Exchange of evidence
Name the case study for the significance of one High Court case which has had an impact on the division of law-making powers.
1 strength and 1 weakness of a Royal Commission
S: Asked by government, so more likely to implement their findings. Measure community views. Have the power to call anyone to give evidence. Independent and thus unbias.
W: Time consuming and costly (resource intensive). Can be avoided due to potentially discovering damaging findings towards government. No obligation from parliament to adopt any recommendations.
How do victim impact statements NOT achieve the POJ of fairness?
Victims of similar crimes may be impacted differently, resulting in some perpetrators receiving harsher penalties than others for committing the same crime.
Name every type of damage (and sub category) LOL
Compensatory (specific, general & aggravated), nominal, contemptuous and exemplary
Name the case study for the impact of international declarations and treaties on the interpretation of the external affairs power.
Commonwealth v Tasmania (1983) OR Tasmanian Dam Case
Name four reasons for law reform
Changes in beliefs, values and attitudes
Advances in technology
Encouraging changes in values in society
Clarify, expand or simplify unclear or broad law
Greater need for community protection