Key Concepts Civil Justice System

In relation to the principles of justice, fairness refers to the idea that

• All people affected by a particular issue may not be known at the time of filing a claim

• Whatever happens in the administration of justice is consistent overall with community expectations concerning the way people ought to be treated

• All people must be able to effectively utlilise the legal system, and the places and systems for the resolution of disputes and the administration of justice.

• Every person or organisation that has a dispute to be resolved is equal in the eyes of the law and in the legal system as a whole

Examples of the way in which we attempt to ensure equality do not include

• All judicial proceedings are governed by strict rules of evidence and procedure

• Appeals are permitted on questions of both law and fact

• The courts and VCAT all have specialised divisions that deal only with certain types of law

• Various forms of disadvantage are recognised, and targeted assistance or support mechanisms are addressed by legislation

In a civil hearing or trial, the burden will be on the following key personnel to bring evidence to prove the allegations they have made against the defendant

• The jury

• The judge

• The plaintiff

• Legal practitioners

The legal burden of proof refers to

• Which party needs to prove the elements of the allegation

• Which party needs to bring evidence at any point in time

• Which party is going to lose the case now unless they do something to rescue it

• Which Commonwealth legislation provides an exception to the general rule that the plaintiff bears the legal burden of proof

Standard of proof is

• The party that has the responsibility for proving a case in a Victorian court

• Who has the responsibility of proving a case in court

• The role that the defendant plays in civil proceedings in Victoria

• The quality or weight of evidence that must be led by the party with the burden of proof in order for them to discharge that burden

The civil standard of proof is lower that the criminal standard of proof partly because

• The most common civil remedy is an injunction

• The legal consequences of being held liable for a civil wrong are usually lower than for being found guilty of a crime

• The most common sanction in criminal law is imprisonment

• The seriousness of the consequences arising from the plaintiff's case need to be taken into account

The people or people representing the rest of the group in a representative proceeding must have

• the same lawyers

• the exact same harm and damages as each group member

• committed the same offence

• the same interests as the group

Class actions are proceedings

• Brought on behalf of seven or more people where the claims arise out of the same, similar or related circumstances and these claims raise substantial common factual and legal questions

• That have strict rules of evidence working to ensure a fair and unbiased hearing

• Brought on behalf of five or more people where the claims arise out of the same, similar or related circumstances and these claims raise substantial common factual and legal questions

• That are governed by strict rules of procedure consistently applied to both parties equally

Rules of evidence and procedure ensure that

• The plaintiff will have the responsibility for proving the claims he or she has made

• A party bringing an action can litigate on behalf of a group

• Civil trial proceedings will reinforce fairness, equality and access for litigants

• The quality or weight of evidence being led by the party with the burden of proof is sufficient enough in order for them to discharge the burden

The statute outlining the rules of evidence in Victoria is the

• Civil Procedure Act 2010 (Vic)

• Evidence Act 2008 (Vic)

• Charter of Human Rights and Responsibilities Act 2006 (Vic)

• Supreme Court Act 1986 (Vic)