VCE Legal Studies - Unit 3 AOS 2

Fairness

All people can participate in the justice system, and all processes are impartial and open.

Equality

All people are treated the same, and measures are implemented to remove disparities.

Access

All people should be able to engage with the justice system and its processes on an informed basis.

Burden of Proof

The responsibility to prove the facts of the case rests on the party bringing the case (plaintiff).

Standard of Proof

The strength of evidence required to prove the facts of the case is on the balance of probabilities.

Costs

The amount of money incurred in resolving a civil claim, including legal fees and hearing fees.

Limitation of Actions

Time restrictions placed on initiating a civil claim; once passed, the defendant can raise this as a defense.

Enforcement Issues

The process of ensuring compliance with court orders and remedies awarded.

Judicial Powers of Case Management

Powers to facilitate just, efficient, timely, and cost-effective resolution of disputes.

Remedies

Court orders that provide relief for loss or harm suffered, aiming to restore the plaintiff to their original position.

Administrative Convenience

Efficient allocation of resources by distributing cases based on seriousness and complexity.

Appeals

The ability to review decisions of lower courts by higher courts to correct errors.

Class Action

A proceeding where a lead plaintiff initiates a claim on behalf of a group with similar claims.

Strengths of Class Actions

Allows individuals to pursue claims they couldn't afford individually and shares costs among group members.

Weaknesses of Class Actions

The lead plaintiff bears all risks, and class actions may not consider all claims equally.

Damages

Monetary compensation awarded to return the plaintiff to their original position and punish the defendant.

Injunctions

Court orders compelling a party to do something (mandatory) or preventing a party from doing something (restrictive).

Judge

An impartial umpire responsible for managing the trial and determining remedies.

Jury

A group representing community views that determines a verdict based on evidence.

Legal Practitioners

Barristers and solicitors representing parties in legal proceedings.

Consumer Affairs Victoria (CAV)

A consumer regulator providing dispute resolution services in limited circumstances.

Victorian Civil and Administrative Tribunal (VCAT)

A tribunal that hears civil and administrative legal cases in Victoria.

Courts

Institutions that interpret the law and resolve disputes through binding decisions.

Costs and Time Impact

Costs can create financial distress, while time delays can reduce engagement in the justice system.

Mediation

A method involving a mediator to facilitate discussion and encourage parties to reach an agreement.

Conciliation

Similar to mediation but involves a conciliator who suggests possible solutions.

Arbitration

A method where an arbitrator makes a binding decision after hearing evidence from both parties.