Legal Studies Unit Two Revision: Civil Liability, Remedies, and Rights

A comprehensive vocabulary set covering essential terminology, legal concepts, dispute resolution methods, institutions, and rights protection from the Legal Studies Unit Two revision pack.

Civil Law

An area of law that defines the rights and responsibilities of individuals, groups, and organizations in society and resolves disputes between them, with the primary purpose of returning the wronged party to their original position.

Breach

A key concept in civil law referring to the failure of a defendant to uphold a legal duty or obligation owed to the plaintiff.

Causation

A key concept of civil law establishing that the harm, injury, or loss suffered by the plaintiff was directly caused by the actions or breach of the defendant.

Loss

The harm, damage, financial detriment, or injury suffered by a plaintiff as a consequence of a defendant's breach of civil law.

Limitation of Actions

The legally prescribed time limit within which an aggrieved party must commence a civil lawsuit before the right to sue expires.

Burden of Proof

The legal obligation placed on a party to prove the facts of the case, resting with the plaintiff in a civil dispute and with the prosecution in a criminal matter.

Standard of Proof

The degree or level of certainty required to establish liability or guilt; in civil cases, it is determined on the balance of probabilities, whereas in criminal cases, it is beyond reasonable doubt.

Plaintiff

The party who initiates a civil lawsuit alleging that their rights have been infringed or that they have suffered loss due to the defendant's breach.

Defendant

The individual, group, corporation, or government against whom a civil legal action is brought for allegedly infringing rights or causing loss.

Principles of Justice

The core ideals of fairness, equality, and access that underpin the Victorian legal system and guide the resolution of civil and criminal disputes.

Mediation

An alternative method of dispute resolution where an impartial third party facilitates communication between the disputing parties to help them reach their own mutually acceptable agreement.

Conciliation

A dispute resolution process where an independent third party actively listens to both sides, provides advice, and suggests options to help the parties reach an agreement.

Arbitration

A formal dispute resolution method where an independent third party hears evidence and arguments from both sides and makes a legally binding decision.

Remedy

A legal order made by a court or tribunal in a civil trial designed to restore the plaintiff to the position they were in before the breach or wrong occurred.

Damages

A civil remedy consisting of a sum of money paid by the defendant to the plaintiff as financial compensation for loss or injury suffered.

Injunction

A court remedy that directs a party to either do something specific (mandatory) or refrain from doing a particular act (restrictive).

Victorian Charter of Human Rights and Responsibilities

A Victorian statute that sets out and protects fundamental human rights and requires public authorities to act compatibly with those rights.

Statute Law

Law created and enacted by parliament (also referred to as legislation or Acts of Parliament), serving as a primary mechanism to protect rights.

Common Law

Law developed through precedent and legal principles formulated by judges in court rulings, rather than through legislative enactments.

Victorian Civil and Administrative Tribunal (VCAT)

A dispute resolution body operating outside the traditional court system that offers a cost-effective, timely, and informal forum to resolve civil disputes.

Consumer Affairs Victoria (CAV)

A government complaints body that offers free information and dispute resolution services for consumers and traders to resolve civil disputes.

Koori Court

A specialist division of the Victorian court system that provides an alternative, culturally appropriate approach to sentencing Indigenous offenders to enhance justice.

Drug Court

A specialized division of the court that operates an alternative sentencing program focusing on treatment and rehabilitation for offenders with drug or alcohol dependency.

Negligence

An area of civil law concerned with situations where a person or entity breaches a duty of care owed to another, resulting in foreseeable harm, damage, or loss.

Duty of Care

A legal obligation imposed on an individual or organization requiring them to adhere to a standard of reasonable care while performing acts that could foreseeably harm others.