It's the Principle of the Thing
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
Identify two different types of Compensatory damages.
Specific, general, Aggravated (Nominal, exemplary and contemptuous are non-compensatory damages!)
What is the standard of proof in civil trials?
On the Balance of Probabilities
How many human rights are contained in the Victorian Charter of Human Rights and Responsiblities?
21
Identify one civil tort other than Negligence or Defamation.
Trespass, Nuisance
How can the use of juries achieve one principle of justice?
Access- allowing the public to take part in the legal system
Fairness- decision making is shared among unbiased group, leading to a fairer decision
Equality- jurors are independent of the legal system and of both parties
Identify the two types of Injunctions.
Mandatory and Restrictive
What is the civil law concept that involves a plaintiff needing to prove that the actions of the defendant directly caused the harm they suffered?
Causation
Identify two express rights.
Trial by jury for commonwealth indictable offences, freedom of religion, "just terms" compensation, free trade between the states, and protection against discrimination based on the state an individual lives in
What does the term 'published' mean with regard to defamation cases?
Communicated to someone other than the plaintiff
Name one purpose of civil law other than remedying harm that has been suffered.
provide an avenue to seek compensation; provide guidelines for acceptable and unacceptable behaviour; protect the rights of individuals
Name one factor to consider to determine whether an injunction is an appropriate remedy.
Whether damage has already been caused; whether the defendant will comply, the nature of the claim
Name one role of a judge in a civil trial that they don't have in a criminal trial.
Determining Liability, Deciding on a remedy
Which of the following is not a right protected through common law?
1. The right to a trial by jury for commonwealth indictable offences
2. The right to a fair trial
3. The right to legal representation
4. The right of transgender people to marry
1- the right to a trial by jury is guaranteed via an express right in the constitution
What is the limitation of actions for defamation claims?
Defamation actions must be brought within one year from the date of the publication of the defamatory material.
providing translators or simplifying language; making adjustments for people with religious or cultural differences; assisting self-represented people
In what scenario would damages not be an effective remedy?
if the harm suffered is minor or insignificant; if there is a potential for ongoing harm; time, cost, stress and inconvenience vs the amount of damages sought; whether the defendant will pay; if the harm suffered can be calculated precisely
An employer of a wrongdoer may become a defendant because of the principle of...
Vicarious Liability
Name one weakness of statute law in protecting human rights.
Rights can be restricted or cancelled by parliament in the future; these rights can include exemptions, limitations or restrictions in statutes; statutes do not always enable someone to be awarded damages if their rights are breached; not as well protected as the constitution
Name one exception that a defendant can rely on to defend a negligence claim.
consumers signing waivers stating they accept responsibility for injuries suffered; good samaritans acting in good faith; person who donates food in good faith; volunteers doing community work
What is the name of an Arbitrator's binding decision?
An Arbitral Award
When the court thinks that a plaintiff has a legal right to damages but not a moral one, they can award what type of damages?
Contemptuous damages
What is one weakness of mediation/conciliation?
Decisions aren't binding unless the parties enter into a terms of settlement; one party may dominate the other; mediators and conciliators can't order parties to come to a decision or even to attend; not appropriate when one party has an unfair advantage or more bargaining power; requires both parties to be willing to participate
Name one international treaty or declaration that Australia is a party to.
Convention relating to the status or refugees (1950); ICERD (1965); Convention on elimination of all forms of discrimination against women (1979); Convention on the Rights of the Child (1989); Convention on the Rights of Persons with Disabilities (2006); Declaration on the Rights of Indigenous Peoples (2007)
A separate claim made by a defendant in response to the plaintiff's claim is known as a...
Counterclaim
CLCs provide legal information and services to the community for those who cannot pay themselves. What does CLC stand for?
Community Legal Centre
In what process does VCAT use conciliation?
Compulsory Conferences
What is the term for being involved in civil wrongdoing? i.e. aiding or abetting, inducing or encouraging, conspiring with other to cause the wrongdoing etc.
Accessorial Liability
What sections of the constitution contain the implied right to freedom of political communication?
S. 7 and S.24
What is the latin term for the defence to negligence that the plaintiff voluntarily accepted risk of injury?
Volenti non fit injuria