VCE Legal U3AOS2 KK#1-3

Arjun and Blake were discussing the definition of a civil dispute. Arjun said, ‘It’s a disagreement between two or more individuals (or groups) in which one of the individuals (or groups) makes a legal claim against the other.’

Blake did not agree with this definition.

Who was correct – Arjun or Blake?

• Arjun is correct.

• Blake is correct.

In a civil dispute, the outcome is known as what?

• A remedy

• A penalty

• A sanction

• An award

Last week, Greg was at his home one day when a florist van crashed into the front of his house, causing significant property damage. The florist is one of the biggest and most successful in Victoria and likes to avoid negative publicity. Greg is currently unemployed.

Which two factors should Greg consider the most before initiating a claim?

• Greg should consider the limitation of actions, and the scope of liability.

• Greg should consider enforcement issues, and limitation of actions.

• Greg should consider the costs involved in initiating a claim, and whether a negotiation may be an option before initiating.

• Greg should consider the costs involved in initiating a claim, and enforcement issues.

Harriet has sued her former school and has decided to have the dispute heard by a jury. The jury will need to determine liability:

• The jury does not decide liability. The judge decides liability and the jury determines damages on the balance of probabilities

• on the balance of probabilities.

• beyond reasonable doubt.

• There is no jury in a civil case.

Doug and Carrie are former business partners and are in dispute about how to split up the business profits after selling it.

Which of the following is not a form of negotiation if Doug and Carrie were to negotiate before a claim is issued?

• Talking between themselves how to resolve the issue.

• Arranging between themselves an independent third party such as a mediator to help them negotiate.

• Arranging for an arbitrator to decide the case.

• Arranging a negotiation through the Dispute Settlement Centre of Victoria.

Which of the following features of the civil justice system would aim to achieve fairness?

• Lawyers are disallowed from sitting on a jury.

• The Supreme Court has electronic filing available.

• The court can order the parties to attend mediation.

• Parties are required to disclose their claims and defences as early as possible.

In representative proceedings, the person named as the plaintiff on behalf of the group is known as the:

• joint plaintiff

• sole plaintiff

• legal plaintiff

• lead plaintiff

In which of the following ways might a judge help an unrepresented party to ensure equality?

• A judge might arrange free legal advice for them.

• A judge might help them cross-examine a witness.

• A judge might help them navigate the court’s filing system and attending the Registry with them to file documents.

• A judge might explain court processes to them during trial.

The burden of proof in a civil case is held by the:

• accused

• plaintiff

• prosecution

• defendant

Why is the civil justice system often seen to be inaccessible?

• There are not enough websites for the courts.

• There are not enough lawyers in metropolitan Melbourne

• There are too many costs involved in initiating or defending a claim.

• There is a low number of judges