Principles of justice
Name one principle of Justice
Fairness, equality and access
Mediation, conciliation and what are the three dispute resolution methods?
Arbitration.
True
The lowest court in the Victorian court Hierarchy?
Magistrate court
Name one court that can have a jury in a civil trial
County and Supreme (Trial division) court
Impartial process, open process, and participation are part of which principle of justice?
Fairness
What is the alternative dispute resolution method that involves a third party that does not necessarily have legal knowledge.
Mediation
Name one tribunal in Victoria
VCAT (Victorian CIil and Administrative Tribunal)
Mental Health Tribunal
Appellant
How many jurors are in a civil jury
6
What best achieves Equality? Same treatment or different treatment.
Diffrent treatment.
What is the name of the legal document that can make an agreement made in mediation legally binding?
Terms of settlement.
True or False. Tribunals can hear class actions
False
What is the original jurisdiction of the Supreme court?
Unlimited
Name two reasons that can disqualify, make ineligible or excuse a person from jury duty
- Prison sentence, bankruptcy, bail or remand
- Occupation (lawyer, judge, or police officer)
- Health, travel distance, inconvenience or hardship
Name an agency that can help people access the legal system.
Victorian legal aid or community legal systems.
Name a strength and weakness of arbitration.
Strengths. Private, less formal, cheaper, legally binding.
Weaknesses. Now as flexible or cheap as other ADR, can be as formal as a court, can take a long time only available if agreed upon. Must be over $10 000
What is the role of a 'Member' in VCAT
The third party in VCAT who hears and determines cases
Who is the decider of the facts?
Judge, magistrate, or jury.
What is a majority verdict in a civil trial
A decision where all but one of the members of a jury agree
Give a scenario where apprehended bias applies.
A situation in which a fair-minded observer might reasonably believe the person hearing or declining the case might not be impartial.
What organisation can send parties to a compulsory conference with a conciliator?
VCAT
Name 3 divisions in VCAT
Administrative
Civil
Human rights
Planning and Environment
Residential Tenancies
Who manages the court process to discover of documents?
Judge or magistrate.
Name three strengths and three weaknesses of a civil jury
Refer to textbook