Legal Studies Unit 2 AOS 2

Which of the following statements about mediation is correct?

• The mediator offers suggestions, but the parties come to their own solution.

• A mediator encourages the parties to communicate so they can come to their own solution.

• The outcome is automatically legally binding on the parties.

Which of the following statements is incorrect?

• Tribunals only deal with complaints concerning public authorities.

• Tribunals are generally more cost effective than the courts.

• VCAT is the largest tribunal in Victoria.

• Parliament passes legislation to create tribunals and outline their jurisdiction.

Which of the following is not a feature of conciliation?

• The emphasis is on finding a solution, not who is right or wrong.

• The conciliator encourages the parties to communicate and offers solutions.

• Legal representation is not generally used.

• The outcome is always binding on the parties.

Consumer Affairs Victoria (CAV) helps resolve disputes raised by businesses effectively, often using conciliation, without cost. 

• True

• False

Which of these is not a reason for the court hierarchy?

• Appeals process

• Administrative convenience

• The doctrine of precedent

• Judicial determination

Which of the following is not an example of how equality is upheld through civil dispute resolution?

• Similar cases should have similar awards of damages, for like injuries.

• Procedures are applied consistently for all who seek a remedy or are defending a claim.

• Plaintiffs and defendants are treated in the same manner regardless of age, gender, religion or disability.

• Decision-makers are independent and unbiased.

Emily is suing Wade, her former employer, in the County Court for negligence. Will this case be heard by a jury? If so, how many jurors will be empanelled?

• This case may be heard by a jury if one of the parties requests it, or if the judge requires it. 12-15 jurors will be empanelled.

• This case cannot be heard by a jury because it is in the County Court.

• This case may be heard by a jury if one of the parties requests a jury, or if the judge requires it. 6-8 jurors will be empanelled.

• This case cannot be heard by a jury because it is a negligence claim.

Which of the following best describes specific damages?

• Damages which have a precise value and are easily quantifiable.

• Damages which do not have a precise value and are not easily quantifiable.

• Damages aiming to compensate the plaintiff for humiliation and insult.

Which of the following best describes a mandatory injunction.

• A court order preventing a party from doing something.

• An award of monetary compensation.

• A court order forcing a party to do something.

In which of the following situations would arbitration be the most appropriate method of civil dispute resolution?

• When parties want to determine their own solution.

• When the plaintiff and defendant want to maintain an ongoing relationship.

• When the parties want a binding outcome.

• When the parties prefer to resolve the dispute using a jury to determine whether the defendant must compensate the plaintiff.