revision legal

Accessorial liability

a way in which a person can be found to be responsible or liable for the loss or harm suffered to another because they were directly or indirectly involved in causing the loss or harm

balance of probabilities

The standard of proof in civil disputes. This requires that the plaintiff to establish that it is more probable not that their version of the facts is correct

burden of proof

The onus one party has, to prove the facts of the case, lies with the party bringing fourth the claim typically the plaintiff unless a counterclaim is involved.

civil law

An area of law that defines the rights and responsibilities of individuals, groups and organsitations in society and regulates private disputes

class action (representative proceedings)

A legal proceeding in which a group of people (7+) who have a claim based in similar or related facts bring that claim to court in the name of 1 person.

complaints body

an organisation established by parliament to resolve formal grievances made by an individual about the conduct of another party

court hierarchy

The ranking of courts from the lowest highest according to the complexity and size of the claims that they deal with

court services Victoria (CSV)

an independent body that provides services and facilities to Victoria's courts and VCAT

damages

An amount of money that the court (or tribunal) orders one party to pay to another party. It is the most common remedy in civil claims.

defendant

The party who is alleged to have infringed the rights of the plaintiff or caused wrongdoing

directions hearing

a pre-trial procedure at which the court gives instructions to the parties about time limits and the way the civil proceeding is to be conducted

disbursements

out-of-pocket expenses or fees (other than legal fees), incurred as part of a legal case. Include court, mediation and expert witness fees

discovery

A pre-trial procedure which requires the parties to list all the documents they have that are relevant to the case. Copies of these documents are typically provided to the other party.

exclusive jurisdiction

the lawful authority or power of a court, tribunal or other dispute resolution body to decide legal cases to the exclusion of all others

expert evidence

evidence (testimony) given by an independent expert about an era within their expertise

lay evidence

evidence (testimony) given by a layperson (an ordinary person) about the facts in dispute

injunction

a remedy in the form of a court order to do something or not to do something. Designed to prevent a person from doing harm or further harm

group member

members of a group who are a part of representative proceeding

lead plaintiff

the person made as the plaintiff in a proceeding who represent the group members

liability

legal responsibility for one's acts or omissions

limitation of actions

the restriction placed on the time within which a civil action can be commenced

negotiation

informal discussions between two or more parties in a dispute, aiming to come to an agreement about how to resolve the dispute

plaintiff

The party who commences a civil action who has had their rights infringed (also known as the aggrieved party)

pleadings

A pre-trial procedure during which documents are filed and exchanged between the plaintiff and defendant which state the claims and defenses in the dispute

pre-trial procedures

Various procedures that are undertaken before a dispute is ready for trial. Are typically mandatory or ordered by a judge.

remedy

any order made by the court designed to address a civil wrong or breach. A remedy should provide a legal solution for the plaintiff for a breach of the civil by the defendant (as much as possible) restore the plaintiff to their original position prior to the breach of their rights

review jurisdiction

the power of a body to consider a decision made by an agency or authority in order to either confirm, change or set aside that decision

standard of proof

The strength of evidence required to prove the case. The party with the burden of proof must prove the claim on the balance of probabilities

statement of claim

a document filed by the plaintiff in a civil case to notify the defendant of the nature, the cause of the claim and the remedy sought

sue

to take civil action against another person, claiming that they infringed some legal right of the plaintiff (or did some legal wrong that negatively affected the plaintiff)

terms of settlement

a document that sets out the terms on which the parties agree to resolve their dispute which reflects their agreement about how they'll resolve their dispute

tribunal

a dispute resolution body that resolves civil disputes and is intended to be less costly, more informal and a faster way to resolve disputes than courts

vicarious liability

access

The ability to approach and use and make use of the criminal justice system

accused

a person charged with a criminal offence

aggravating factors

circumstances or facts about the offender or an offence that lead to a more severe sentence or increase the seriousness of the offender's culbaility

aggregate

when multiple offences are grouped into one sentence

appeal

The application to have a higher court review a ruling made by a lower court

bail

the release of an accused person from custody on the condition that they will attend a court hearing to answer the charges

beyond reasonable doubt

The standard of proof in criminal cases. Requires the prosecution to prove there is no reasonable doubt that the accused committed the offence.

burden of proof (criminal)

The onus of bringing forth proof to prove a case On the prosecution to prove there is no reasonable doubt that the accused committed the offence

committal proceedings/preliminary hearing

Decides whether there is sufficient evidence to support a conviction for the indictable offence charged before proceeding to a higher court

community corrections order (CCO)

A non-custodial sanction that the offender serves in the community, with conditions attached to the order

community Legal Centre (CLC)

an independent organisation that provides free legal services to people who are unable to pay for those services. Some are generalist and some are specialist CLCs

concurrent

type of sentence that runs at the same time as another sentence

Court Hierarchy

the ranking of courts from lowest to highest according to the seriousness and complexity of the matters they deal with

cumulative

a sentence served straight after another

denunciation

one purpose of a sanction, designed to demonstrate the community's disapproval of the offender's actions

deterrence

one purpose o a sanction, designed to discourage the offender and others in the community for committing similar offences

equality

uniform treatment before the court regardless of personal characteristics

fairness

impartial and just treatment requiring fair processes and unbiased hearings

fine

A sanction that requires the offender to pay an amount of money to the state

guilty plea

when an offender officially admits guilt which is then considered by the court when sentencing

imprisonment

a sanction that involves removing the offender from society for a stated period of time and placing them in prison

indictable offences

Serious criminal offences Heard before a judge and jury in the County or Supreme Court

indictable offences heard summarily

Serious criminal offence heard and determined as summary offences if the court and accused agree

jury

an independent group of people chosen at random to decide on the evidence in a legal case and reach a decision (i.e. verdict)

legal aid

legal advice, education or information about the law and the provision of legal services (including legal assistance and representation)

mitigating factors

facts or circumstances about the offender of the offence that decrease the seriousness of the offender's culpability or a less severe sentence

parole

the supervised and conditional release of a prisoner after the minimum period of imprisonment has been served

plea negotiations

(in criminal cases) pre-trial discussions that take place between the prosecution and the accused, aimed at resolving the case by agreeing on an outcome to the criminal charges laid (also known as charge negotiations)

presumption of innocence

The right of the accused to be presumed not guilty unless proven otherwise. In 'The Charter of Human Rights and Responsibilities' Upheld by bail and the right to silence

prosecution

the crown in its role of brining a criminal case to court

protection

designed to safeguard the community from the offender in order to prevent them from committing further offence

punishment

one purpose of a sanction, a strategy devised to penalise the offender and show society and the victim that criminal behavior will not be tolerated.

Rehabilitation

one purpose of a sanction; a strategy designed to reform an offender in order to prevent them from committing offences in the future

remand

an accused being held in custody awaiting trial

reform

the process of changing and updating law

sanction

a penalty imposed by a court on a person guilty of a criminal offence

sentence indication

a method used to encourage the early determination of a case. Given by a court to the accused to let them know what sanction is likely to be imposed if they plead guilty at any given time.

standard of proof in a criminal case

The level/degree/extent to which a case must be proven in court

summary offences

Minor criminal offences Heard by a magistrate in the Magistrates' Court

victim

a person who has suffered directly or indirectly as a result of a crime

victims charter

The Victim's Charter Act 2006 (Vic), which recognises the impact of the crime on victims and provides guidelines for the provision of information to victims

victim impact statement

a statement filed with the court by a victim, and considered by the court when sentencing. It contains particulars of any injury, loss or damage suffered by the victim as a result of the offence

Victoria Legal Aid (VLA)

a government agency that provides free legal advice to the community and low-cost or no-cost legal representation to people who can't afford a lawyer

vulnerable witness

a person who is required to give evidence in a criminal case and is considered to be impressionable or at risk. This might be a child, a person who has a cognitive impairment, or the alleged victim of a sexual offence