Remedies
What is an example of a type of remedy?
Damages and Injunctions
What court is at the bottom of the court hierarchy?
Magistrates court
List a method to resolve a civil dispute
Mediation
Conciliation
Arbitration
Name one factor a plaintiff should consider before starting a civil claim.
What is define?
This command term asks you to state the exact meaning of a legal term.
Explain a type of damages
Compensatory
Exemplary
Nominal
Contemptous
What are the two reasons for a court hierarchy (Civil)
Administrative convenience/Appeals
Explain the difference between mediation and conciliation
In mediation the mediator does not offer suggestions or ideas, however in conciliation they do.
Explain one enforcement issue that may arise after a remedy is awarded.
The defender may not have any money to pay
What is explain?
This term asks you to give a detailed account of how or why something happens.
Explain a type of injunction
Restrictive
Mandatory
Could talk about Parties, Legal Representation, Judge, Jury
When is arbitration not appropriate?
When they want to continue a relationship afterwards
Parties not having agreed to it
If they want greater control over the process
Explain how ‘costs’ can affect a person’s decision to start a civil case.
Legal fees and court costs can be expensive, which may deter people from pursuing claims.
What is compare?
This command term requires you to show the similarities and differences between two things.
What is an advantage and disadvantage of damages
-Can compensate for loss in income/medical bills
-Difficult to determine compensation amount
What is a disadvantage of the judge in a civil trial?
Cannot overly assist underrepresented parties
Can have unconscious biases
What is an advantage and disadvantage of conciliation
-Students come up with their own decision
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Why might the limitation period encourage plaintiffs to act quickly?
Because after the limitation period expires, the plaintiff can no longer legally start a claim.
What is evaluate?
This asks you to explore strengths and weaknesses before forming a judgment.
Explain contemptuous damages
Contemptuous is when the court is awarding damages to the plaintiff in cases where it doesn't want to-but legally they are correct.
What is the jury fee for the first day of trial in civil law
$1636
List 3 overarching principles for parties in a civil trial
Act honestly
Cooperate
Minimise delay
How can uncertainty about enforcement affect the fairness of the civil justice system?
If a plaintiff wins but cannot enforce the remedy, it undermines their access to justice and fairness.
What is analyse?
This command word asks you to break something into parts and explore how they relate.