Key Concepts in the Civil Justice System

Identify the party who holds the burden of proof in a civil trial

The standard of proof in a civil proceeding is:

• On the balance of liability

• On the balance of probabilities

• Beyond probable doubt

• Beyond reasonable doubt

Holly, 18, is a defendant in a civil proceeding. The plaintiff is represented by a large law firm, but Holly is unrepresented. Holly has difficulties with understanding court proceedings and has been given little assistance from the judge when attending court hearings.

• Access, because Holly is likely to have difficulties accessing information about her rights and the processes, and accessing the court’s dispute resolution methods such as mediation.

• All of the principles of justice have been affected for the reasons stated in the options.

• Equality, because Holly is likely to be on an unequal footing due to her age and socioeconomic status.

• Fairness, because it is possible that Holly will have difficulty presenting her side of the story and rebutting the other side’s case.

Describe one benefit of representative proceedings

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Which of the following is the most accurate definition of ‘representative proceedings’?

• A legal proceeding in which a group of people who have a claim based on similar or related facts bring that claim to court in the name of one person.

• A legal proceeding in which an individual sues a group of people because of similar or related facts.

• A legal proceeding in which both parties are represented, and their representatives run the case on their behalf.

• A legal proceeding in which a group of people sue the government.

Karen has sued Felicia for defamation. Felicia has launched a counterclaim, alleging that Karen has also made defamatory comments about Felicia. Who does the burden of proof lie with?

Representative proceedings can increase access because:

• the group members will be able to see the defence raised through pleadings.

• a litigation funder may be prepared to fund the proceeding which allows the group members to pursue a claim if they cannot fund it themselves.

• the parties will be able to put their case forward to an experienced judge.