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14 Cards in this Set
- Front
- Back
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ADR Alternative Dispute Resolution |
Mediation Conciliation Arbitration |
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Pre-Trial Procedures (Outline) |
- Pleadings: give court written record about case and inform all parties of claims and relevant defences. - Discovery: Allows parties to obtain further knowledge. - Directions Hearing: Time Management - Notice of Trial: Location and Time - Offer of Compromise - Mediation Before Trial |
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Pleadings |
- A writ - Statement of Claim - Notice of Appearance - Defence and Optional Counterclaim - A reply to defence - Further Particulars |
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Discovery |
- Discovery of Documents - Interrogations - Discovery by Oral Examination - Medical Examination |
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Trial Procedure |
- Calling of case - Empanelling and swearing in of Jury - Witnesses - Opening Address - Plaintiff's Counsel Presents their case - Opening Address - Defence's Counsel Present their case - Closing Address - Jury get directed on relevance of law and explain burden of proof and substance of plait's case and defence relied on by defendant. - In plantiff is successful- Judge or Jury grant remedy to Plantiff and may order defines to pay legal costs. |
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Jury System |
- Six - Be Impartial - Listen to Facts - Decide who is wrong - Apply law - Verdict - In favour of one party - Balance of Probabilities - Unanimous / Majority - Decide Damage / Remedy |
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Adversary System Key Features |
- Role of Parties - Role of Judge - Strict Rules of Evidence and Procedure - Legal Representation - Bruden and Standard of Proof |
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Damages |
A civil remedy used when there is permanate damde, which makes impossible to restore Plaintiff to original position therefore an amount of money is use to condensate for damages suffered. |
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Type of Damages |
Compensatory: - Specific Damages - General Damages - Aggravated Damages Nominal: Court believes Defendant has infringed Plantiff's right but not actual damage has been suffered. Exemplary: Damages aimed to punish defendant, and to deter other from doing such acts. |
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Specific Performance |
Is ordering/directing someone to complete a contract. |
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Injunctions |
Civil Remedy aimed at stopping someone from doing something or making someone do something. Restrictive Injunctions is when you want to stop someone from doing something where as Mandatory Injunction is when you wish to compel someone to do something. |
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Difficulties Faced by Individuals when attempting to enforce Civil Disputes |
- Person not aware of their rights. - Mediation only works when both parties are involved - Stressful - Risk of paying other parties legal costs - Personal Circumstances - Enforcing Court orders. |
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Advantages of Adversary System |
- Truth should emerge form oral evidence - Strict Rules allow fair trial - Control over own case |
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Disadvantages of Adversary System |
- Under-utilised Judges
- Legal representation not always equal - Strict rules create delays |
