WorksheetsVCE Legal U3AOS2 KK#1-3
Total questions: 15
Worksheet time: 8mins
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
Fourteen years ago, Ben suffered a horrific fall at a local park. He is now extremely angry about it and wants to sue the local council.
What factor should Ben consider before suing?
Scope of liability
Accessibility
Enforcement issues
Limitation of actions
There have been serious underpayments occurring at a local convenience store operated by a company, with 15 employees being underpaid over three years. The payroll manager was aware of the underpayments but did not do anything about it.
Who are the potential defendant(s) in this case?
The company only
The 15 employees
The company and the payroll manager
The payroll manager only
‘A court order that a party pays the other party’s costs.’
Which legal term matches the above definition?
Damages
Remedy
Adverse costs order
Disbursements order
Which of the following is not a type of disbursement that could be incurred by a party in a civil dispute?
Expert witness fees
Court fees
Mediation fees
Adverse costs order
‘Explain two factors to consider when initiating a civil claim.’
What is this question asking you to do?
Clarify the two factors by describing them in more detail.
Provide similarities and differences of the two factors.
Offer suggestions about the best course of action.
Discussing the strengths and weaknesses of both factors.
