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WorksheetsYear 10 Civil Law Post Test
Total questions: 23
Worksheet time: 16mins
If a civil case goes to court, what is the name for the person who sues someone else?
Prosecution
Plaintiff
Torter
Defendant
If a civil case goes to court, what is the name for the person who is being sued?
Prosecution
Plaintiff
Torter
Defendant
What words are often used instead of plaintiff/defendant?
Accused/Defence
Mediator/Conciliator
Complainer/Responder
Applicant/Respondant
contractural dispute
On the balance of probabilities
Match the following civil injuries with their correct scenario:
Financial injury
A person has lost their wages
Emotional injury
A person has suffered PTSD
Property injury
A person's house has been damaged
Character injury
A person's reputation has been ruined
In addition to torts, the other form of civil law usually involves (a) .
The first thing that a plaintiff must prove in a civil case is that there was a (a) of law.
All the persons involved in the civil injury can be sued. This means that Miss Wyers will sue you all if everyone in the class plans to ____ .
smash her windscreen
buy her a thank you present
turn up late again!!!
hide the red pens :(
Which of the following is not an alternative method of dispute resolution
Conciliation
Arbitration
Mediation
Litigation
Which is common in all three methods of alternative dispute resolution?
Legal representation
An independent third party
Formal proceedings
A specialised expert facilitating discussion
True or False? •The Magistrates Court uses arbitration for civil claims of <$20,000
True
False
True or false? The court process is the most expensive institution for resolving civil disputes
True
False
What is the key feature of mediation and conciliation?
The disputing parties are responsible for mutually agreeing on a resolution
The independent third party is responsible for deciding the resolution
What is the difference between mediation and conciliation?
Conciliators are paid more than mediators
Conciliators are judges and mediators are lawyers
Conciliators suggest resolutions while mediators do not
Conciliators are more conciliatory
Pleadings are a civil pre-trial procedure. During pleadings, parties lodge a series of documents outlining their claims/counterclaims. Which option contains three correct stages of pleadings?
Writ, discovery, statement of defence
Discovery, writ, statement of claim
Writ, statement of claim, discovery
Writ, statement of claim, statement of defence
What is a purpose of pre-trial procedures such as pleadings and discovery? Select all that apply.
Encourages an early settlement
Ensure the trial runs as smoothly as possible as everyone (parties and the court) are fully informed
Encourages people to not pursue claims
To intimidate the other party
A trial begins with
Opening statement
Subpoena
Complaint
Motion
Order the civil pre-trial proceedings correctly.
Pleadings
Statement of Claim filed
Statement of Defence filed
Discovery and Depositions
Disclosure
In civil law, damages may be awarded to the plaintiff if the defendant is found (a) . (b) compensatory damages are to cover financial losses, while (c) damages aim to compensate for emotional pain and suffering. Lastly, (d) damages are awarded when the defenant added insult to injury.
In a civil trial, liability is generally decided by (a) , but there can be (b) if a party requests and pays for it. In Victoria, there are (c) jurors. After (d) about liability there is a verdict, and then decisions about the (e) that will be awarded.
