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- Multiple ChoicePlease save your changes before editing any questions.
The parties in a civil dispute are:
defendant and prosecution
prosecution and plaintiff
plaintiff and the defendant
plaintiff and the accused
- Multiple ChoicePlease save your changes before editing any questions.
key personnel in a civil trial are:
Parties
Legal practitioners
Judge
Jury
All of the above
- Multiple ChoicePlease save your changes before editing any questions.
A role of the judge in civil law is:
provide support to parties that represent themselves
support the prosecution
decide who is guilty
decide who is liable and not liable in cases without a jury
- Multiple ChoicePlease save your changes before editing any questions.
the burden of proof lies with the
plaintiff
prosecution
defendant
- Multiple ChoicePlease save your changes before editing any questions.
A representative proceeding is also known as
court process
a civil action
a class action
none of the above
- Multiple ChoicePlease save your changes before editing any questions.
The purpose of civil claims are to:
restore a person their original position
provide compensation for the plaintiff
allow the defendant to obtain compensation
- Multiple ChoicePlease save your changes before editing any questions.
the standard of proof in a civil case is the level of proof required to prove the case. It must be proven beyond reasonable doubt
True
False
- Multiple ChoicePlease save your changes before editing any questions.
The purpose of pretrial procedures is too?
restore a plaintiff back to their original position
provide compensation for the plaintiff
allow the defendant to obtain compensation
- Multiple ChoicePlease save your changes before editing any questions.
Which pretrial procedure matches the definition below:
_______are a series of documents filed and exchanged between the parties. They set out and clarify the claims, the defences of the parties, and help define the issues in the dispute.
exchange of evidence
Discovery of documents
pleadings
none of the above
- Multiple ChoicePlease save your changes before editing any questions.
Which pretrial procedure matches the definition below:
______________ is the process where the person starting the case and the person defending the case share all the documents that are relevant to the case with each other.
This step of the court process is compulsory. This means both sides will need to hand over information and evidence about the case so all parties will know what they are facing at trial. Providing each other with documents may also help the parties reach an agreement or remove some of the issues in the case.
exchange of evidence
Discovery of documents
pleadings
none of the above
- Multiple ChoicePlease save your changes before editing any questions.
Which pretrial procedure matches the definition below:
To help prove their case, the plaintiff and defendant will need to rely on __________. This is their chance to use verbal ____________ on their behalf where documents may not be enough.
All _________ provided in this exchange is verbal and NOT written!!!
Examples include Lay and expert
exchange of evidence
Discovery of documents
pleadings
none of the above
- Multiple ChoicePlease save your changes before editing any questions.
is the following a CAV or VCAT definition:
is a complaints body that advises the Victorian Government on consumer legislation and provides information and advice to businesses, consumers, landlords and tenants about their rights and responsibilities. It also provides a dispute resolution process for infringement of consumer rights.
VCAT
CAV
- Multiple ChoicePlease save your changes before editing any questions.
is the below a purpose of CAV or VCAT:
To provide dispute resolution that is low cost, informal, fair, consistent, accessible, timely and impartial.
VCAT
CAV
- Multiple ChoicePlease save your changes before editing any questions.
When is VCAT appropriate to use:
When the dispute is not within the jurisdiction of VCAT and falls under state or federal law where VCAT has no power
When it is a class action – these disputes cannot be heard by VCAT
When it is a large and complex case that should be heard within one of the courts, although VCAT does hear some complex disputes
When the financial burden of court will hinder a party from seeking resolution as VCAT is less expensive
- Multiple ChoicePlease save your changes before editing any questions.
When is CAV NOT appropriate
When the dispute is within CAV’s jurisdiction (eg under Australian Consumer Law and Fair Trading Act)
When the complainant has not already taken the case to VCAT and received a ruling.
When the dispute is not likely to be settled due to factors such as the other party not being willing to conciliate
When there is a reasonable likelihood that the dispute will bet settled (for eg the person complaining has not contributed to the dispute)
- Multiple ChoicePlease save your changes before editing any questions.
Advantages of representative proceedings:
provide access to the civil justice system for those that may not be able to afford it on their own
allows a party to be represented by a lead plaintiff who has the strongest case against the defendant
plaintiff will be able to spread the cost of legal representation over all of the group
- Multiple ChoicePlease save your changes before editing any questions.
reasons to initial a civil action include:
negotiation
limitation of action
cost
enforcement issue
legal fees
- Multiple ChoicePlease save your changes before editing any questions.
Michael assaulted Barbara. In a criminal trial, Michael was found not guilty. Subsequently, Barbara sues Michael. Michael is then found liable to pay damages to Barbara. Is the aforementioned scenario possible?
Yes. ‘On the balance of probabilities’ is a stricter standard of proof than ‘beyond a reasonable doubt’. Therefore, a person can be found not guilty in a criminal case and liable in a civil dispute.
Yes. A jury, which delivers a verdict in a criminal trial, has no experience in applying the law. Therefore, a jury is more likely to make an error in a criminal case than a judicial officer, who makes a determination, in a civil case. Hence, a person can be found not guilty in a criminal case and liable in a civil dispute.
Yes. Beyond a reasonable doubt is a stricter standard of proof than on the balance of probabilities. Therefore, a person can be found not guilty in a criminal case and liable in a civil dispute
No. If a person is found not guilty in a criminal case, they are exempt from civil liability for that same accusation.
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The number of people required to initiate a representative proceeding is...
7 or more
10 or more
14 or more
25 or more