Victorian Civil Justice System Practice Flashcards

A comprehensive set of fill-in-the-blank flashcards covering the Victorian Civil Justice System, including terminology, personnel roles, dispute resolution bodies, and remedies.

The __________ is the obligation of a party to prove a case, which usually rests with the plaintiff in a civil case.

burden of proof

In civil law, the standard of proof is on the __________, which means it is more likely than not that the case is proven.

balance of probabilities

__________ occurs when someone owes a duty of care to another and breaches that duty, causing harm or loss.

Negligence

Saying or publishing material which causes damage to another person's reputation is known as __________.

Defamation

In a civil case, the person defending the action is called the __________, while the person bringing the action is the plaintiff.

Defendant

While criminal cases result in sanctions, civil disputes result in a __________.

Remedy

A __________ is an independent lawyer with specialist skills in dispute resolution and advocacy, usually engaged by a solicitor.

Barrister

Court costs and __________ are out-of-pocket expenses such as filing fees and expert witness fees.

disbursements

An __________ is where an unsuccessful plaintiff is required by the court to pay some or all of the defendant’s legal costs.

adverse costs order

The limitation period for commencing a civil claim for defamation is __________ year(s).

$$1$$

The limitation period for negligence and breach of contract is __________ year(s).

$$6$$

A(n) __________ is a method of dispute resolution where an independent third party facilitates discussion but does not interfere or persuade.

Mediator

Unlike a mediator, a __________ has more influence over the outcome and can suggest options or possible solutions to the parties.

Conciliator

The legally binding decision made by an arbitrator is known as a(n) __________.

arbitral award

A court has __________ jurisdiction when it has the power to hear a case for the first time.

Original

The __________ is the highest court in Australia and deals with federal and constitutional matters.

High Court of Australia

The Magistrates' Court can hear minor civil disputes where the plaintiff is seeking a claim of up to __________.

$$100,000$$

A point of law, a question of fact, or the remedy awarded are all potential __________ for a civil case.

grounds for appeal

The method used by courts and tribunals to control the progress of legal cases effectively through instructions and orders is called __________.

case management

__________ is the pre-trial procedure where parties exchange copies of documents relevant to the dispute.

Discovery

A(n) __________ is a judicial order requiring someone to do something or not do something.

injunction

A civil jury is made up of exactly __________ jurors.

$$6$$

A __________ is a proceeding where a group of seven or more people with similar claims join together against the same party.

class action

Consumer Affairs Victoria (CAV) primarily uses the dispute resolution method of __________ to help settle consumer and residential tenancies disputes.

Conciliation

The VCAT list that deals with disputes between residential tenants and landlords is the __________.

Residential Tenancies List

__________ are an amount of money ordered by a court to compensate for losses that are easily quantifiable, such as medical expenses.

Special damages

__________ are awarded for losses that are not easily quantifiable, such as pain and suffering or loss of amenity.

General damages

The purpose of __________ is to punish and deter the defendant where conduct is malicious, violent, or cruel.

exemplary damages

A(n) __________ is a temporary injunction awarded quickly in urgent situations to avoid further harm.

interlocutory injunction

A __________ injunction is an order requiring someone to take active steps to prevent harm or remedy a situation.

mandatory injunction