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WorksheetsCivil Law USAOS2 Quiz 1
Total questions: 20
Worksheet time: 11mins
Name the title of the party commencing civil proceedings
Defendant
Accused
Plaintiff
Litigant
Which party has the burden of proof in a civil case
Plaintiff
Defendant
Accused
Judge
Select the most accurate description of a representative proceeding
Also known as a class action, a representative proceeding is one in which one plaintiff has been injured or harmed along with at least one other party in the same or similar circumstances by the same defendant and joins with the other injured party to sue.
Also known as a class action, a representative proceeding is one in which one plaintiff has been injured or harmed along with at least four other other parties in the same or similar circumstances by the same defendant and joins with the other injured parties to sue.
Also known as a class action, a representative proceeding is one in which seven or more people have been injured or harmed in the same or similar circumstances by the same defendant and joins with the other injured parties to sue.
Also known as a class action, a representative proceeding is one in which ten or more people have been injured or harmed in the same or similar circumstances by the same defendant and joins with the other injured parties to sue.
Under DP 3 there are listed a number of factors a potential plaintiff should consider when initiating a claim. Two of these are negotiation options (i.e. "is it possible to negotiate a resolution rather than suing?") and costs - choose one other from the following list:
the scope of liability
enforcement issues
limitation of actions
unwanted publicity
Name the method of dispute resolution where a binding order is made
Mediation
Negotiation
Conciliation
Arbitration
Name the method of dispute resolution where advice or recommendations are provided by the third party
Mediation
Negotiation
Conciliation
Arbitration
Name the method of dispute resolution where no advice or recommendations are provided by the third party and no order is made but instead the parties are guided through a structured discussion by the third party
Mediation
Negotiation
Conciliation
Arbitration
Which body, CAV or VCAT, would be the most appropriate to resolve a dispute involving two parties where one refuses to discuss or compromise in any way
VCAT
CAV
The Study Design in Area of Study 2 lists two main reasons for a court hierarchy in the civil justice system - these are
Appeals and employing more judges
Appeals and Geographical Convenience
Appeals and Administrative Convenience
Appeals and Specialisation
Which of the following statements concerning the use of juries in civil cases in Victoria is incorrect
A jury in a civil trial is made up of 6 individuals
A jury in a civil cases decides the verdict and recommends the level of damages (if any)
Juries in civil cases are compulsory in Victoria
Juries in civil cases are optional in Victoria
Case Management refers to various powers of courts and judges to manage and control a civil case prior to and during a trial. Two of the powers of case management I must know under the study design are:
Power to order mediation and power to give directions
Power to order an early trial and power to order mediation
Power to give directions and power to impose an outcome on the parties prior to trial
Power to order conciliation and power to give directions
One of the key powers of case management is the power to give directions. Under section 47 of the Civil Procedure Act the court may:
give any order it considers appropriate
give any direction or make any order it considers appropriate
make any ruling, including a final verdict, prior to trial
Terry and Theresa cannot agree on who should get their beloved poodle, Poncy, after their divorce. They agree to meet with a third party who has the power to make a binding ruling after listening to their respective claims to Poncy. This is an example of:
Mediation
Conciliation
Negotiation
Arbitration
Select the INCORRECT statement below about civil remedies:
Remedies awarded by courts and VCAT include damages and injunctions
The overall aim of civil remedies us to restore the plaintiff, as far as possible, to the position they were in before the harm or wrongdoing occurred.
Remedies are orders from the court (or VCAT) upholding the plaintiff's civil rights by providing relief for the injury they have suffered
Remedies include damages, imprisonment, and community corrections orders in less serious cases
Two types of Compensatory damages (i.e. damages designed to compensate the Plaintiff) are Specific and General Damages. Specific damages are those which:
have a precise value and can be accurately calculated (eg medical bills, lost wages)
do not have a precise value and must be estimated (eg pain and suffering, loss of quality of life)
Two types of Compensatory damages (i.e. damages designed to compensate the Plaintiff) are Specific and General Damages. General damages are those which:
have a precise value and can be accurately calculated (eg medical bills, lost wages)
do not have a precise value and must be estimated (eg pain and suffering, loss of quality of life)
Which of the following is NOT a factor which affects the principles of justice:
Costs
Time
Accessibility
Icecream
In responding to any question on a recent reform I must do a number of things - select the incorrect statement below:
In responding to any question on a recent reform I must describe the change
In responding to any question on a recent reform I must explain the change's impact on fairness, access and/or equality
In responding to any question on a recent reform I must assume the teacher or exam marker will know which principles of justice it will improve
In relation to the reform with the three tiered fee system for the Supreme Court, the three levels or tiers are
Corporate, Company and Standard
Corporate, Company and Subsidised
Corporate, Regular and Standard
Corporate, Standard and Concession
As an example of the three tiered level of fees reform to the Supreme Court, the fee payable by the Corporate level to commence a proceeding in the Common Law division of the Supreme Court is $1447. For the same proceeding, the fees payable by the other levels would be
Standard $299 and Concession $723
Standard $1477 and Concession $299
Standard $723 and Concession $299
