Types of civil actions
This literally means crooked or wrong.
What is a tort?
Person who brings a legal action in civil matter.
Who is the plaintiff?
This is the main remedy for people undertaking a civil suit.
What is compensation (damages)?
What is alternate dispute resolution?
A remedy requiring one party to stop doing something.
What is an injunction?
If someone is on your land and they shouldn't be you could sue them for this.
What is trespass?
Party with the onus of proof in a criminal matter.
When someone has been wronged and there is communication of the perceived wrong to the other party and disagreement or conflict results then it officially becomes known as this.
What is a dispute?
This is when a neutral third party helps two parties to come to an agreement about their dispute.
What is mediation?
A remedy requiring one party to do something in particular to solve the dispute.
What is specific performance?
When you say something about someone which is untrue and it damages their reputation.
Standard of proof in a civil matter.
What is the balance of probabilities.
Just accepting the issue and moving on.
What is lumping the grievance?
This is the name of a tribunal that hears disputes under $25,000 in Queensland.
What is the Queensland Civil and Administrative Tribunal (QCAT)?
This is what an Ombudsman does.
What do you call a person who investigates and reports on any complaints by members of the public about government administration?
When you play loud music constantly your neighbours may considering this action against you.
This term means the party with the responsibility to prove the facts of the case.
What is the onus of proof?
In a hairdressing scenario if I state my issue, tell the hairdresser she is responsible and ask for a full refund.
What is naming, blaming and claiming?
Courts are usually conducted by lawyers, courts encourage legal representatives, courts are more formal, courts follow strict rules of evidence, courts must follow a doctrine of precedent.
This Commonwealth act requires people to take genuine steps to resolve disputes before certain civil proceedings are instituted.
What is the Civil Dispute Resolution Act 2011 (Cth)?
What is negligence?
This term means the degree to which the facts of a case must be proven in court.
What is the standard of proof?
Part 6 of this act is compulsory under the court rules in Queensland requiring any court action regarding a personal injury claim to undergo mediation before proceeding to trial.
What is the Civil Proceedings Act 2011 (Qld)?
This means Swedish for 'agent or representative of the people'.
What is an Ombudsman?