Legal Studies SAC NOTES - CHAPTER 6 → 8

Flashcards on Legal Studies SAC NOTES - CHAPTER 6 → 8

Burden Of Proof

The responsibility of the plaintiff to prove the facts of the case.

Standard Of Proof

The plaintiff must prove the case is more likely for the defendant to be liable than not.

Costs

Financial expenses a party may face when initiating and pursuing a civil claim

Limitations of Actions

Maximum period of time allowed by law for a plaintiff to initiate legal proceedings after the cause of action arises.

Enforcement Issues

Practical difficulties a plaintiff may face in enforcing a remedy.

Fairness

Having fair legal processes and a fair hearing or trial.

Impartiality

All civil decision makers must be impartial and without bias.

Open

Civil trials and hearings should be open to the public.

Participation

All people can participate in the system.

Equality

All people should be treated equally before the law.

Access

All people should be able to understand their legal rights and pursue their case.

Mediation

A cooperative method of resolving disputes involving a third party who advises the situation.

Conciliation

A method of dispute resolution, involving the use of an independent party, to resolve through negotiation and compromise.

Arbitration

A formal method of alternative dispute resolution (ADR) where an independent third party hears evidence and arguments from both parties in a dispute and makes a legally binding decision.

Pleadings

A series of documents filed and exchanged between the plaintiff, this sets out details of the claims and defenses.

The Statement of claim

Filed with the court by a plaintiff; sets out details of the claims and remedy that the plaintiff is seeking.

The Defence

Filed by the defendant; sets out the defendant’s response to each of the plaintiff’s claims.

Pre trial procedures

Discovery of documents, Pleadings, Exchange of Evidence, Mediation.

Discovery of documents

Enables the parties to get copies of each other’s documents that are relevant to the issues in dispute

Exchange of Evidence

Parties exchange the evidence that will be given at trial.

Administrative Convenience

Cases can be distributed according to their seriousness and complexity.

Appeals

A point of law, a question of fact, or the remedy awarded may be grounds for what?

Role of the judge

Act Impartial, give direction, case management (during and post), Determine liability.

Act Impartially

The judge or magistrate in a civil case must ensure they oversee the case and make a decision on liability without any bias toward or against either party.

Direction

An instruction given by the court to one or more of the parties, which imposes an obligation on a party to do something by a certain time or specifies how a civil proceeding is to be conducted.

Be Objective

The Jury must be unbiased and bring an open mind to the task, putting aside any prejudices or preconceived notions.

Lay Evidence

Given by an ordinary person about what happened or what they saw.

Expert Evidence

Evidence given by people who have a professional opinion about an issue relevant to the case.

Class Actions

A type of proceeding where a group of people, who all have claims against the same party, join together in a proceeding.

Consumer Affairs Victoria (CAV)

Regulates consumer law to help ensure that Victorians are informed about consumer laws and that businesses comply with those laws.

The Victorian Civil and Administrative Tribunal (VCAT)

Dispute resolution bodies which deal with a limited area of law, and have expertise in that area.

Compulsory Conferences

Confidential meetings during which the parties discuss ways to resolve their disputes in the presence of a VCAT member.