Unit 3 AOS 2 - The principles of justice during a civil dispute

Chapter 5A-6B Edrolo Legal Studies 2025 year 12

Burden of proof in a civil case

The plaintiff has the burden of proof.

Standard of proof in a civil case

Balance of probabilities.

Fairness in the civil justice system

the principle that all people can participate in the civil justice system and its processes should be impartial and open.

Equality in the civil justice system

the principle that all people engaging in the justice system are treated the same way before the law.

Access in the civil justice system

the principle that all can participate in the civil justice system and its processes on an informed basis.

Importance of principles of justice in civil law

to assess whether justice was achieved

Key cost consideration before a civil claim

Legal fees and court costs.

Limitation of actions

Time limits for bringing a civil claim.

Enforcement issues in civil law

Problems in making the defendant pay damages or follow orders.

Likelihood of success before suing

To avoid unnecessary costs and efforts.

Alternative to litigation

Alternative dispute resolution methods.

Importance of evidence before starting a claim

To support your case in court.

Mediation

A process where a neutral third party helps parties agree.

Conciliation

A method where a third party offers advice to resolve a dispute.

Arbitration

A process where a third party gives advice and makes a legally binding decision.

When is mediation appropriate

When parties want to maintain a relationship.

When is conciliation appropriate

For consumer or workplace disputes.

When is arbitration appropriate

When parties want a binding decision but avoid court.

Benefit of mediation and conciliation

They are usually quicker and cheaper than court.

Disadvantage of mediation

The decision is not legally binding.

Benefit of arbitration

It provides a binding and enforceable decision.

Administrative convenience in court hierarchy

Efficient case distribution based on complexity and size.

Purpose of appeals in civil law

To correct errors in legal decisions.

Court that hears minor civil disputes

The Magistrates' Court.

Court that hears complex or high-value civil cases

The Supreme Court.

Role of the judge in a civil trial

To ensure rules are followed and decide the outcome if no jury.

Case management

A judge's control over the progress of a case.

Role of the jury in a civil trial

To decide facts and determine liability and damages.

When is a jury used in civil trials

Only in County or Supreme Court when requested and paid for.

Role of the plaintiff in civil trials

To prove their case against the defendant.

Role of the defendant in civil trials

To defend against the plaintiff's claims.

Role of legal practitioners in civil law

To represent and advise the parties.

Importance of legal practitioners in civil cases

They help ensure a fair and informed process.

Consumer Affairs Victoria (CAV)

A body that helps resolve consumer disputes using conciliation.

When is CAV appropriate

For simple disputes about goods or services.

VCAT

The Victorian Civil and Administrative Tribunal.

When is VCAT appropriate

For low-cost and efficient resolution of civil consumer claims.

Benefits of VCAT

It's cheaper, faster, and less formal than courts.

Limitations of VCAT

It can't hear all types of civil disputes.

Class action

A group lawsuit by seven or more people with similar claims.

Advantage of class actions

It saves time and money by combining similar cases.

How do costs affect access to justice

High costs can prevent people from taking legal action.

How does time affect justice in civil cases

Delays can reduce fairness and increase stress and costs.

How can delays be reduced in civil cases

Through case management and dispute resolution methods.

Remedy in civil law

A legal solution for the plaintiff if they win.

Main purpose of remedies

To return the plaintiff to their original position.

Two main types of remedies

Damages and injunctions.

Damages in civil law

A monetary award to compensate for loss.

Injunction

A court order to do or stop doing something.

Compensatory damages

Money awarded to cover actual loss or harm.

Nominal damages

A small amount to show the plaintiff was right.