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Civil Remedies - 11 Legal

Total questions: 20

Worksheet time: 18mins

Name
Class
Date
1.

Civil Law is an area of law that defines rights and (a)   of individuals, groups and organisations in society.

2.

Civil Law also regulates private disputes (as opposed to criminal law).

a)

True

b)

False

3.

Select the parties to a civil dispute

a)

DPP

b)

plaintiff

c)

defendant

d)

criminal

4.

The party who makes a legal claim against another person is called the (a)  

5.

Which party has the burden of proof in civil disputes?

a)

the victim

b)

the plaintiff

c)

the defence

d)

the prosecution

6.

A plaintiff and a defendant can be a:

a)

human being

b)

company

c)

association

7.

Which POJ? No person or group should be treated better or worse because of personal attribute or characteristic:

a)

fairness

b)

equality

c)

access

8.

Which POJ? People should be able to use the procedures, methods and institutions that resolve a civil dispute.

a)

fairness

b)

equality

c)

access

9.

Which POJ? The parties to a civil dispute should know what the claims and defences are and what evidence will be used to support the other side's case.

a)

fairness

b)

equality

c)

access

10.

Which POJ? People deciding the dispute should be impartial and unbiased.

a)

fairness

b)

equality

c)

access

11.

At times, the civil justice system has been criticized for being inaccessible to many people, particularly those who are not able to afford legal representation.

a)

True

b)

False

12.

A (a)   is a term used to describe any order made by a court designed to address a civil wrong or breach.

13.

The purpose of a remedy is:

a)

A. to provide a legal solution for the plaintiff for a breach of the civil law by the defendant.

b)

B. to restore the plaintiff to their original position [as much as possible] prior to the breach of their rights.

c)

C. Both A&B

14.

The collective name for the methods of resolving or settling disputes that do not involve a court or tribunal hearing is

4 lines
15.

A cooperative method of resolving disputes. The independent third party (ITP) helps the disputing parties to reach a resolution. The ITP is neutral and impartial.

a)

mediation

b)

conciliation

c)

arbitration

d)

judicial determination

16.

A dispute resolution method involving an independent third party (ITP) who helps the disputing parties to reach a resolution by assisting the parties to explore solutions. The ITP can make suggestions and offer advice. The ITP is usually someone with specialist knowledge about the subject matter of the dispute. Ultimately the parties reach a mutually acceptable decision.

a)

mediation

b)

conciliation

c)

arbitration

d)

judicial determination

17.

A decision made by a court or tribunal is called a:

a)

Victoria Legal Aid

b)

VCAT

c)

judicial determination

d)

sentence

18.

Which of the following forms is dispute resolution are binding?

a)

judicial determination

b)

mediation

c)

conciliation

d)

arbitration

19.

List two differences between mediation and conciliation.

4 lines
20.

What are damages?

4 lines