POJs - CIVIL
Define Access
all people should be able to engage with the justice system and its processes on an informed basis.
What is mediation
Mediation is a cooperative method of dispute resolution in which conflicting parties discuss the issues involved, develop options, consider alternatives and try to reach a mutually agreed decision through negotiation
What is a plea negotation?
A plea negotiation involves a discussion between the accused and the prosecution about the nature of the charges with the aim of obtaining a guilty plea before trial.
Identify the required element
What is a mandatory injunction?
To do an act
What is one example of how VCAT upholds one POJ
Cost
Informality
Participation
Exclusive Juris
Who makes the decision in conciliation?
Parties
What is negotiated in a PN?
1.A reduction in the number of charges with the remaining charges not proceeding (e.g. 5 to 1 charge)
2.A reduction in the severity of the charges (e.g. murder pleading guilty to manslaughter)
3.Pleading guilty on a agreement about the facts in which the plea is based (e.g. the nature of the offence, victimisation, impact or offender)
What is the difference between a describe and explain?
Elements v How/Why
What are the three categories of compensatory damages?
specific
general
aggravated
How does case management promote access?
Case management enables greater access to justice as judges may direct parties to attend mediation, encouraging parties to negotiate and come to their own resolution in a more timely manner
What are the rules of evidence for mediation?
Does not involve presentation of evidence in formal way.
True or false - P.Ns directly impact sanctions imposed?
False
What is the difference between a compare and distinguish?
Dependent
what are the two types of lnegths of injunctions?
interlocutory
final
How do costs limit equality?
Not equal opportunity to have disputes resolved: The high costs can discriminate against people based on their socioeconomic status creating inequality between those who are wealthy and not wealthy in their ability to receive justice.
What are some examples of when arbitration is used?
Through the courts
VCAT
What is one purpose of P.Ns?
- Achieve an early determination of a criminal case by securing a conviction through a guilty plea
- Reduce stress & trauma
- Avoids the costs and time
What is the difference between a discuss to what extent and evaluate question?
dependent
What is the difference between a nominal and contemptuous damage?
- small a,ount to indicate legally correct
- legal right established but court odes not believe the plaintiff really deserves $$?
Evaluate how the civil justice system upholds the POJS
Answer depends on student response.
Why might someone elect to go to arbitration via the courts instead of trial?
Answers dependant.
When might a P.N not be appropriate?
- not willing to negotiate
- unrepresented
- prosecution case weak
- victims want to see justice done
Answers depending.
What is the purposes of remedies? and when might damages be more appropriate then injunctions?
Answer dependant.