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Legal studies unit 2 AOS 2 - Coggle Diagram
Legal studies unit 2 AOS 2
Dispute resolutions and bodies
Mediation
Not legally binding
Mediator only facilitates the conversations
Informal
Cheap
Arbitration
Leglly binding
third party called an arbitrator
Informal
Cheap
Conciliation
Not legally binding
Concillator can advise
Informal
Cheap
Tribunals
VCAT
Legally binding
Alternative to courts
Informal
Cheaper
No legal representation
Rising fees
Ombudsman
Fair work Ombudsman
Can be legally binding
Free
Cant investigate all claims
Chance for imbalance of power
Complaints bodies
Consumer affairs Victoria
Free
Cheaper
Informal
Not automatically legally binding
Uses conciliation
Remedies
Injuction
Mandatory injunction (Action)
Restrictive injunction (Stop action)
Damages
Compensatory damages
Specific (pays for bills, quantifiable amount)
General (Arent easily quantifiable)
Aggravated (Humiliation or insult)
Nominal images (Minimal damages but rights were breached)
Exemplary damages (punishes defendant)
Courts
Civil jurisdiction
County court
No appellate jurisdiction
Unlimited original jurisdiction
Magistrates court
No appellate jurisdiction
Original jurisdiction under $100,000
Supreme Court trial division
Unlimited original jurisdiction
Hears appeals form magistrates court and VCAT
Supreme Court court of appeals
No original jursitiction
Hears appeals from county court and Supreme Court trial division
Juries
Juries attempt to determine liability
6 jurors in a jury
Parties must pay for a jury
Allows a case to be tried by peers