Comparisons

Burden of proof vs standard of proof

Burden of proof refers to who must prove the case, while standard of proof refers to the level of proof required.

Civil law vs criminal law

Civil law resolves disputes between parties, while criminal law involves offences against society prosecuted by the state.

Plaintiff vs defendant

The plaintiff initiates the civil claim, while the defendant responds to the claim.

Mediation vs conciliation

A mediator facilitates discussion, while a conciliator may also suggest possible solutions.

Mediation vs arbitration

Mediation involves parties negotiating their own outcome, while arbitration results in a binding decision made by an arbitrator.

Conciliation vs arbitration

Conciliation helps parties reach agreement, while arbitration imposes a binding determination.

Fairness vs equality

Fairness involves impartial and open processes, while equality involves equal treatment and reducing disadvantage.

Equality vs access

Equality focuses on equal treatment, while access focuses on the ability to engage with the justice system.

Courts vs VCAT

Courts are more formal and costly, while VCAT is less formal, cheaper and more accessible.

VCAT vs CAV

VCAT can make binding decisions, while CAV mainly assists parties to resolve disputes.

Original jurisdiction vs appellate jurisdiction

Original jurisdiction hears cases for the first time, while appellate jurisdiction hears appeals.

Judge vs magistrate

Judges preside in higher courts, while magistrates preside in the Magistrates' Court.

Civil jury vs criminal jury

Civil juries usually consist of six people deciding liability, while criminal juries usually consist of twelve people deciding guilt.

Lay evidence vs expert evidence

Lay evidence is based on observed facts, while expert evidence involves specialised opinions.

Legal practitioner vs judge

Legal practitioners represent parties, while judges manage proceedings and determine outcomes.

Class action vs individual action

A class action involves multiple plaintiffs with similar claims, while an individual action involves one plaintiff.

Lead plaintiff vs group members

The lead plaintiff represents the class, while group members are represented in the proceeding.

Opt in vs opt out

Opt in requires parties to join a case, while opt out automatically includes parties unless they withdraw.

Compensatory damages vs exemplary damages

Compensatory damages restore the plaintiff, while exemplary damages punish the defendant.

Nominal damages vs contemptuous damages

Nominal damages recognise infringement of rights, while contemptuous damages show disapproval of the plaintiff’s claim.

General damages vs special damages

General damages compensate non-economic loss, while special damages compensate quantifiable financial loss.

Restrictive injunction vs mandatory injunction

A restrictive injunction prevents an action, while a mandatory injunction requires an action.

Damages vs injunctions

Damages involve monetary compensation, while injunctions involve court orders to do or stop doing something.

Civil remedies vs criminal sanctions

Civil remedies compensate or resolve disputes, while criminal sanctions punish offenders.

Mediation appropriateness vs court appropriateness

Mediation suits less serious disputes and ongoing relationships, while courts suit serious or complex disputes.

Strength of mediation vs weakness of mediation

Mediation is low-cost and informal, but outcomes are not legally binding.

Strength of arbitration vs weakness of arbitration

Arbitration provides binding outcomes, but parties lose control over the decision.

Strength of courts vs weakness of courts

Courts provide binding and enforceable decisions, but they are expensive and time-consuming.

Strength of VCAT vs weakness of VCAT

VCAT is accessible and low-cost, but it has limited jurisdiction.

Strength of class actions vs weakness of class actions

Class actions improve access to justice, but group members have less control.

Civil burden of proof vs criminal burden of proof

In both systems the prosecution/plaintiff bears the burden, but criminal cases require stronger evidence.

Balance of probabilities vs beyond reasonable doubt

Balance of probabilities is the civil standard requiring proof that something is more likely than not, while beyond reasonable doubt is the stricter criminal standard.