Principles of Justice
Which principle of justice requires a civil dispute to be resolved impartially, without favouritism or bias?
Fairness.
Which ADR method involves an independent third party helping disputing parties reach their own agreement?
Mediation
Which Victorian court generally hears civil disputes involving claims up to $100,000?
The Magistrates Court
What is the main role of a jury in a civil trial?
To determine questions of fact, such as whether the defendant is liable, based on the evidence.
What is the main purpose of a remedy in a civil dispute?
To provide a legal solution for a person who has suffered a civil wrong.
Romaisa and Nadeem both have the same opportunity to present their cases and challenge evidence. Which principle of justice does this demonstrate?
Equality
Which ADR method involves a third party who may suggest solutions and actively help the parties reach an agreement?
Conciliation
Which Victorian court generally hears civil disputes involving claims over $100,000, subject to its jurisdiction?
The County Court
How many Jurors are there in a Civil Trial?
Six
Which type of damages aims to return the plaintiff to their original position before the civil wrong occurred through a monetary amount?
Compensatory Damages
A person can afford legal advice, understand the process and physically attend court. Which principle of justice is most directly demonstrated?
Access
In which ADR method does an independent third party hear both sides and make a decision that may be binding?
Arbitration
Which Victorian court has unlimited civil jurisdiction and hears the most serious and complex civil disputes?
The Supreme Court
Identify Two difficulties that First Nations people may face when accessing the civil justice system.
cultural barriers, language barriers, mistrust of legal institutions, geographic isolation or difficulties accessing culturally appropriate legal services.
Which type of damages may be awarded where a legal right has been infringed but no substantial loss has been suffered?
Nominal Damages
A judge allows one party to have extra time to explain their case because they have difficulty understanding the legal process. Which principle of justice is being supported?
Fairness
Hashim and Aresha disagree over a business contract. They agree to let an Arbitrator hear the dispute and make a decision. What is the main difference between this and mediation?
In mediation, the parties reach their own agreement. In arbitration, the arbitrator makes the decision.
What are the TWO main roles of a court in a civil dispute?
To determine liability and provide an appropriate remedy.
A First Nations person in a remote community is involved in a civil dispute. They have limited access to legal services, face travel difficulties and are uncomfortable with the legal process. Explain TWO ways this may impede access to justice.
Limited legal services and travel difficulties may make it harder to obtain legal advice or attend court. Cultural barriers or mistrust may also make it more difficult to understand or engage with the legal system.
What is an injunction?
A court order requiring a person to do something or stop doing something.
Explain how fairness, equality and access work together to support justice in a civil dispute.
Fairness requires impartial treatment, equality requires equal treatment and opportunity, and access ensures people can use the legal system. Together, they help people have a fair opportunity to resolve disputes.
Identify Two advantages of resolving a civil dispute through ADR rather than going to court.
less formal, potentially quicker, less expensive, or allowing greater control over the outcome.
A party believes a civil court made an error of law. What is the purpose of an appeal?
To have a higher court review the decision for an error of law or other appealable error.
What types of Civil Law issues have First Nations people had to engage with the Legal System
Stolen Generation Compensation and Land Rights Claims
Cohen’s neighbour is repeatedly damaging his fence. Cohen asks the court to order the neighbour to stop damaging the fence. What remedy is Cohen seeking, and what is its purpose?
An injunction. Its purpose is to prevent the neighbour from continuing the harmful conduct.