Area of Study 2 - The Victorian civil justice system
The Victorian civil justice system aims to restore a wronged party to the position they were originally in before the breach of civil law occurred. The system involves a range of institutions to resolve a civil dispute, including courts (the Magistrates’ Court, County Court and Supreme Court), complaints bodies and tribunals. In this area of study students consider the factors relevant to commencing a civil claim, examine the institutions and methods used to resolve a civil dispute and explore the purposes and types of remedies. Students consider factors that affect the ability of the civil justice system to achieve the principles of justice. They examine recent reforms from the past four years and recommended reforms to enhance the ability of the civil justice system to achieve the principles of justice. Students synthesise and apply legal principles and information relevant to the civil justice system to actual and/or hypothetical scenarios.
Outcome 2
On completion of this unit the student should be able to analyse the factors to consider when initiating a civil claim, discuss the institutions and methods used to resolve civil disputes and evaluate the ability of the civil justice system to achieve the principles of justice. To achieve this outcome the student will draw on key knowledge and key skills outlined in Area of Study 2.
Key knowledge
Key concepts
Key skills
Key knowledge
Key concepts
- the principles of justice: fairness, equality and access
- key concepts in the Victorian civil justice system, including: – the burden of proof – the standard of proof – representative proceedings
- factors to consider when initiating a civil claim, including negotiation options, costs, limitation of actions, the scope of liability and enforcement issues
- the purposes and appropriateness of Consumer Affairs Victoria (CAV) and the Victorian Civil and Administrative Tribunal (VCAT) in resolving civil disputes
- the purposes of civil pre-trial procedures
- the reasons for a Victorian court hierarchy in determining civil cases, including administrative convenience and appeals
- the responsibilities of key personnel in a civil trial, including the judge, jury, the parties and legal practitioners
- judicial powers of case management, including the power to order mediation and give directions
- the methods used to resolve civil disputes, including mediation, conciliation and arbitration, and their appropriateness
- the purposes of remedies
- damages and injunctions, and their specific purposes
- factors that affect the ability of the civil justice system to achieve the principles of justice, including in relation to costs, time and accessibility
- recent and recommended reforms to enhance the ability of the civil justice system to achieve the principles of justice.
Key skills
- define and use legal terminology
- discuss, interpret and analyse legal principles and information
- analyse factors to consider when initiating a civil claim
- explain the purposes of pre-trial procedures, using examples
- explain the reasons for the Victorian court hierarchy in determining civil cases
- discuss and justify the appropriateness of institutions and methods used to resolve a civil dispute
- discuss the responsibilities of key personnel in a civil trial
- discuss the ability of remedies to achieve their purposes
- discuss recent reforms and recommended reforms to the civil justice system
- evaluate the ability of the civil justice system to achieve the principles of justice
- synthesise and apply legal principles and information to actual and/or hypothetical scenarios.
Revision Guide
Unit 3, Outcome 2 Study Booklet | |
File Size: | 2088 kb |
File Type: | docx |
Unit 3 AOS 2 Legal Studies Revision Booklet 2 | |
File Size: | 96 kb |
File Type: | docx |