Civil - SO Basic
This type of law is made by judges through decisions in court cases
What is Common law?
One of the defences to negligence where the plaintiff is held partially responsible for their injury.
What is contributory negligence?
This party has the responsibility of proving the case in a civil trial.
What is the plaintiff?
I am an ADR body that does not have the capacity to enforce a legally binding decision.
What is CAV?
A type of damage that can be easily quantified.
What are specific damages?
The level of proof required in a civil trial.
What is the balance of probabilities?
Two of the elements required to establish defamation.
What are:
the statement is defamatory, the statement is untrue, refers to the plaintiff, is published and caused serious harm to reputation.
I am a legal term which states the power of a court to hear a case for the first time.
What is original jurisdiction?
I am three key features of mediation.
What is an independant third party?
Who is a non-specialised facilitator who does not offer suggestions?
What is a non-binding decision?
What is cooperation?
What are future relationships in mind?
I am the key aim of civil remedies.
What is to restore the injured party to their original position as much as possible?
The legal principle courts use to interpret unclear legislation during a trial.
What is statutory interpretation?
A legal concept where employers can be held liable for the actions of their employees
What is vicarious liability?
A lawsuit involving multiple plaintiffs against a single defendant.
What is a class action?
A method of dispute resolution that involves a 3rd party independant who can offer solutions and is an expert in their field.
What is Conciliation?
I am a group of damages that aims to offer financial restitution to a successful party.
What are compensatory damages?
I am three factors that need to be considered before initiating a civil claim.
What are:
* costs
* limitations of actions
* enforcement issues
The key element of negligence where one party holds the responsibility of another party.
What is duty of care?
I am the highest court in the Victorian hierarchy.
What is the Supreme Court of Appeal.
I am the first 3 steps of CAV.
What are:
* determining whether rights have been infringed
* attempting to contact the other party
* send a letter/email to a manager
This type of damage is awarded in a very small amount and is meant to recognise a moral victory rather than financial loss.
What are nominal damages?
The legal legislation that sets time limits on when a civil action can be brought forward.
What is the Limitations of Actions Act?
A defence to defamation relating to the responsible reporting on matters of public concern.
What is the defence of public interest?
The Victorian statute that governs jury use in civil trials.
What is the Juries Act 2000 (Vic)?
I am three reasons why it is appropriate to use VCAT as a form of resolution.
What are:
* low cost
* faster than courts
* appropriate jurisdiction
* seeking a binding decision
* informal
* many locations (easily accessible)
* no need for legal representation
This remedy involves a court order requiring someone to perform a particular action.
What is a mandatory injunction?