AOS 2 – Introduction to Civil Law (Remedies)

Vocabulary flashcards covering key terms, institutions, dispute-resolution methods, torts, and justice principles from the lecture on Victoria’s civil justice system.

Civil law

An area of law that regulates disputes between private individuals or organisations and defines their rights and responsibilities.

Plaintiff

The party who commences a civil action, alleging their rights have been infringed.

Defendant

The party alleged to have infringed the plaintiff’s rights or caused wrongdoing in a civil dispute.

Damages

A monetary remedy awarded to a successful plaintiff to compensate for loss suffered.

Remedy

The outcome sought by a plaintiff (e.g., damages, injunction) to address a civil wrong.

Suing / Litigating

Initiating legal proceedings in a civil court against another party.

Liability

Civil responsibility for wrongdoing; the equivalent of ‘guilt’ in criminal law.

Civil wrong

An act or omission that infringes a legal right, the civil equivalent of a ‘crime.’

Claim

A formal allegation in civil law that the defendant has infringed the plaintiff’s rights; criminal equivalent of a ‘charge.’

Hearing

The civil-law equivalent of a criminal ‘trial’; a formal presentation of a case before a judge (and sometimes a jury).

Remedy (as sanction equivalent)

The civil equivalent of a criminal ‘sanction,’ imposed to rectify harm rather than punish.

Legal representative

A solicitor or barrister who acts for a party in a civil dispute; replaces ‘legal practitioner’ terminology.

Negotiation

Informal discussion between parties aimed at resolving a dispute without third-party assistance.

Mediation

A dispute-resolution method where an impartial mediator helps parties reach a voluntary agreement.

Conciliation

A method similar to mediation, but the conciliator can suggest solutions to help settle the dispute.

Arbitration

A formal dispute-resolution process where an independent arbitrator makes a binding decision on the parties.

Judicial determination

Resolution of a dispute by a judicial officer (e.g., judge or magistrate) in a court or tribunal.

Complaints body

An institution (e.g., Consumer Affairs Victoria) that deals with specific disputes through informal processes.

Ombudsman

An independent officer who investigates complaints against government agencies or large organisations.

Tribunal

A specialist dispute-resolution body (e.g., VCAT) offering less formal, quicker, and cheaper hearings than courts.

Victorian Civil and Administrative Tribunal (VCAT)

Victoria’s main tribunal, dealing with a wide range of civil matters through various lists.

Court system

Hierarchical structure of courts (Magistrates’, County, Supreme) that determine civil disputes through judicial determination.

Jurisdiction

The legal authority of an institution to hear and resolve specific types of disputes.

Negligence

A tort involving breach of a duty of care, causing foreseeable harm or loss.

Trespass

Direct interference with another person’s land, goods, or person without lawful justification.

Defamation

Publication of false statements that damage another person’s reputation.

Nuisance

Unreasonable interference with a person’s right to use and enjoy land (public or private).

Breach of contract

Failure to perform obligations agreed upon in a legally binding contract.

Family law

Area of civil law dealing with marriage, divorce, parenting, and property disputes.

Fairness

A principle of justice requiring impartial legal processes and just outcomes.

Equality

A principle of justice ensuring all parties are treated the same and any disadvantage is addressed.

Access

A principle of justice ensuring all people can understand and exercise their legal rights.

Principles of justice

The trio of fairness, equality, and access used to assess how well the civil justice system delivers justice.

Rights

Legal entitlements held by individuals, groups, or organisations (e.g., the right not to be defamed).

Responsibilities

Legal obligations owed to others (e.g., an employer’s duty to provide a safe workplace).