Legal Studies AOS2

Burden of proof

The legal duty/obligation on the party who made the allegation. The plaintiff brings the legal action to court and bears the onus/burden of proof

Standard of proof

Rests on the balance of probabilities - that it is more likely to be true than untrue

Civil Dispute

Occurs when an individuals rights have been infringed by the actions or omissions of another person and that person suffers damages as a result of the action

Considerations before initiating civil dispute

costs, limitation of actions, enforcement issues

Costs

Fees of legal representation, court fees, mediation fees, expert witness fees, adverse cost fees

Limitation of actions

Plaintiffs have to bring their case to court within a time limit

Reason for limitation of actions

defendant does not have to face action after a significant amount of time, evidence is not lost and witnesses can remember what occurred, disputes can be resolved quickly to promote social cohesion

enforcement issues

whether or not the defendant can pay the damages ordered

Fairness

all people can participate in the justice system and its processes should be impartial and open

Access

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

Equality

All people engaging with the justice system and its processes should be treated in the same way. If the same treatment creates disadvantage, adequate measures should be implemented to allow everyone to engage without disadvantage

Mediation

The process in which an impartial third person assists the parties to identify the issues of the dispute and will facilitate discussion of possible solutions for the parties to make the final decision

Role of mediator

Facilitate the discussion and help the parties to identify the issues. They do not give advice.

Conciliation

A method of dispute resolution in which an impartial third party tries to get the disputing parties to reach an agreement