Civil Law
Other than restoring the plaintiff to the state they were in before being harmed, name one aim of civil law
Establish guidelines for behaviour, protect rights of individuals
How many members are in a civil jury?
6 (up to 8 if the trial is expected to be lengthy)
What is the purpose of remedies?
To restore the plaintiff to the state they were in before the harm occurred
Negligence is an example of a civil wrong, known as a...
Tort
Name one right contained in the Victorian Human Rights Charter.
Right to life, right to protection from torture, freedom of movement, freedom of thought, conscience, religious belief, the right to take part in public life
When a defendant fails to observe a law or obligation imposed on them, this is called a...
Breach
The binding decision made by an arbitrator is known as...
Damages that compensate for loss that can be accurately measured are known as...
Special Damages
Name one specific defence to a negligence claim.
Contributory negligence, assumpetion of risk (extra points if you remembered volenti non fit injuria)
What does it mean to say a right is an 'express right'?
It it expressly written into the text of the Constitution.
Name a possible defendant to a dispute that isn't the wrongdoer.
Employer, person involved with the wrongdoing
Name one difficulty faced by young people in the civil justice system
Age-related communication barriers; lack of knowledge about the legal system; lack of resources
Damages awarded if the defendant shows reckless disregard for the plaintiff's feelings are known as...
Aggravated Damages
The four elements of negligence are...
Duty of Care Owed; Breach of the Duty of Care; Causation; Loss
The High Court has read into the text of the constitution an implied right to...
Freedom of Political Communication
What is the limitation period for a breach of contract?
6 years
Is the Fair Work Commission an example of a Complaints Body, a Tribunal, or an Ombudsman?
Tribunal
Name the two types of injunctions.
Mandatory and Restrictive
A person owes a duty of care
1. if the risk of harm was foreseeable;
2...the risk was significant or not insignificant
3...
a reasonable person in the same circumstances would have taken precautions to eliminate the risk of harm
One of the most important international treaties about human rights is the...
Universal Declaration of Human RIghts
Loss of Amenity refers to loss of...
enjoyment of life, job satisfaction, enjoyment of hobbies...
If there is a jury in a civil case, they will have to decide an appropriate remedy, unless...
it is a defamation case.
What is the limit on the amount of damages that can be awarded for non-economic loss in Victoria?
$650,000
the date on which the cause of the action was discoverable
The case involving a prisoner challenging a law restricting prisoners' right to vote was initiated by...
Vicki Lee Roach
Being involved in wrongdoing is known as...
accessorial liability
What complaints body hears complaints about online safety and cyberbullying?
The Office of the eSafety Commissioner
The person who leads a class action is known as...
the Lead Plaintiff
What is the main piece of legislation that deals with negligence claims in Victoria?
the Wrongs Act 1958
The rights contained in the charter are not absolute rights- they can be restricted in situations where it is...