Legal Exam Revision

What is Civil law?

law dealing with disputes between private individuals or organisations

What is the purpose of civil law?

to compensate individuals who have been wronged

Who bears the burden of proof in a civil case?

the plaintiff (the person taking the action)

What is meant by 'standard of proof' in civil law?

matters only need to be proved on the “balance of probabilities” (meaning a party must show that it's more likely than not that their claims are true)

What are possible plaintiffs in a civil dispute?

aggrieved parties, other victims, or insurers

Who can be a defendant in a civil dispute?

the wrongdoer, employers, or other persons involved in the wrongdoing

What are two main areas of civil law?

Torts (civil wrongs) and contract law

What are some avenues individuals can take if their rights have been infringed?

negotiation, mediation & conciliation

What are some potential consequences if civil law was not available?

individuals whose rights have been infringed would have no way to rectify the wrong or be compensated

What is one possible defense in civil law?

depends on the specific case and context, but commonly includes proving no fault or breach occurred

What are the principles of justice in the civil justice system?

Fairness, Equality, and Access

What is the purpose of civil remedies?

to restore the party who has suffered loss or injury to their pre-loss position

What does a mediation process involve?

a mediator, as a third party, establishes ground rules and allows parties to talk uninterrupted

Difference between conciliation and mediation?

in conciliation, the conciliator offers solutions and is an expert.

a mediator only encourages parties to their own decision

What are the two main types of civil remedies?

Damages and Injunctions

What is an injunction?

an order from the court requiring a party to take an action or refrain from doing something

What are exemplary damages?

a type of damage to punish the defendant and deter similar conduct

What is the role of the jury in a civil trial?

to hear evidence and make a decision on the balance of probabilities

How does the Magistrates' Court determine its civil jurisdiction?

cases with an upper limit of 100,000

What is the difference between compensatory damages and nominal damages?

compensatory damages are for measurable loss; nominal damages are for no significant injury but principle acknowledged

What is the role of VCAT?

to provide accessible, efficient, and cost-effective resolutions for civil disputes

Why would a restrictive injunction be issued?

to prohibit a party from continuing a particular action

What are Basic Human Rights?

basic rights and freedoms all humans are entitled to e.g. life, liberty, equality before law

How are human rights protected in Australia?

through Australian Constitution, Victorian Charter of Human Rights and Responsibilities, common law, statute law

What is Statute Law?

law made by parliament protecting rights and incorporating international treaties

What does the Charter of Human Rights and Responsibilities Act do?

imposes responsibilities on Victorian government and public authorities to uphold human rights

What is the role of Common Law in protecting rights?

judges interpret Acts of Parliament to not infringe on human rights

What is Ultra Vires?

legal term 'beyond powers,' for invalid Acts of Parliament outside their lawmaking authority

What is VCAT?

Victorian Civil and Administrative Tribunal, a tribunal in Victoria, Australia, that resolves disputes in various areas including tenancy, guardianship, and discrimination.

What is the main purpose of Civil Law?

to resolve private/civil disputes between individuals, organizations

What are Torts?

Civil wrongs

What is Contract Law?

legally binding agreements between two or more parties

What is ‘Remoteness’ and ‘Break in the Chain of Causation mean’?

Remoteness - when a defendant’s liability is limited as consequences is too detached from their action

Break in the Chain of Causation - when an intervening event or action disrupts the direct link between the defendant's conduct and the resulting harm.

What is ‘Burden of Proof’?

Plaintiff’s responsibility to prove or disprove a disputed fact (to the standard of proof)

Negligence

Nuissance

Defamation