Legal Studies Unit 3 AOS 2a Sac Revision

The burden of proof

It is held by the plaintiff and proves the liability of the defendant. They must prove their evidence that is going to prove their claim that their rights have been infringed.

The standard of proof

The plaintiff must prove their claim ‘on the balance of probabilities‘. The claim must be made by the plaintiff in the most likely occurrence. Fo

Costs

Initiating a civil claim in court is an expensive process in which many who have had their rights infringed are not able to afford. Examples include legal representation, loss of income due to not working, court room, jury, and the damages if they lose the case.

Limitation of actions

specifies the time limits within which actions must be initiated in Victoria. It ensures that cases are initiated while recollections of events are fresh.

Enforcement issues

the practical issues that occur once a party has won a civil case.

Fairness

All people can participate in the justice system, and its processes should be impartial and open. Judges and magistrates must remain impartial and open; use of a lawyer; the burden of proof falls on the plaintiff in all cases; parties have access to all information about the case in advance.

Equality

All people engaging with the justice system and its processes should be treated in the same way. All parties are able to have legal representation regardless of financial status; translators provide equality to those who may not speak english.

Access

All people should be able to engage with the justice system and its processes on an informed basis. Legal aid provides access to legal assistance for many individuals who may not be able to afford representation; translators help achieve access as parties are able to understand the case and legal processes; the case should be resolved in a timely manner.

Mediation

A dispute resolution procedure where the plaintiff and defendant meet with a third party who helps to facilitate a conversation between two parties but does not provide an input or suggest any resolution.

Conciliation

A dispute resolution method where the plaintiff and defendant meet with a third party who conducts a discussion between two parties whilst using personal expertise to guide them to a mutual resolution.

Arbitration

A non-judicial dispute resolution method where the plaintiff and defendant meet with a third party and they make their points and evidence before the third party makes a binding decision.

Administrative convenience

A reason for the court hierarchy. It means that cases are distributed amongst the courts depending on each ones seriousness and complexity.

Appeals

A reason for the court hierarchy. If a party believes that they haven’t achieved justice at the conclusion of their case, they will have the opportunity to have their original outcome challenged in a higher court.