Unit 3 AOS2 Legal Studies

The standard of proof in a civil trial is...

What is a class action?

• Cases with more than one defendant

• A dispute where multiple plaintiffs join to lodge a claim against the same defendant

• A case action

• A dispute where multiple plaintiffs sue a large company

Select the three criteria required for a representative proceeding to commence. (3 answers)

• 7 or more plaintiffs

• Similar circumstances that occurred around the same time

• Claims relate to the same or similar circumstances

• Defendant must have enough money

• Same issues needs to be decided by the court

What is the role of the lead plaintiff?

• To obtain the evidence used in the dispute

• To present the claim against the defendant in court

• To represent the group members in a class action and make decisions on behalf of the group

• To lodge the first claim against the defendant

Select the benefits of a class action.

• The costs are shared

• Saves time and resources of the court

• Risk for businesses

Who has the burden of proof in a civil trial?

Dispute resolution method where third party facilitates discussion between the plaintiff and defendant.

• Mediation

• Conciliation

• Arbitration

• Judicial Determination

Dispute resolution method where third party provides suggestions to the plaintiff and defendant.

• Mediation

• Conciliation

• Arbitration

• Judicial Determination

Dispute resolution method where parties agree to abide by the third party's decision.

• Mediation

• Conciliation

• Arbitration

• Judicial Determination

Fairness is...

• Open and impartial court processes

• Equity between the parties

• Access to resources

• Just punishments