VCE 2020 Legal Studies Notes - A Student Unit 3 AOS 2

Sep 20, 2026

Uploaded by Pentious

Comprehensive study notes covering Victoria’s civil justice system and core civil law concepts for Legal Studies. Defines civil justice systems, civil disputes, parties to civil action, suing and the aims of remedies, including special considerations for children as parties and the principle of vicarious liability. Explores purposes and key stages of a civil trial, and outlines types of civil disputes such as defamation. Further addresses fairness, equality, and access within legal processes, with factors affecting their upholding.

LanguageEnglish

CategoryExam

FormatPDF

Pages48

Reading Time2 h 1 min

AccessFree to download

Definitions

A Civil Justice System

The Parties

The Act of Suing

Children as Parties in a Civil Case

The Principle of Vicarious Liability

Types of Civil Disputes

Defamation

Fairness

Definition

Factors Affecting Fairness

Equality

Definition

Factors Affecting Equality

Access

Definition

Factors Affecting Access

0. Definitions 1. A Civil Justice System Definition of a civil justice system • The civil justice system is a set of methods, processes and institutions used to resolve civil disputes. Definition of a civil dispute • A disagreement between two or more individuals or groups of individuals in which one party makes a legal claim against the other. Purposes of a civil justice system • Enables a person to enforce their legal rights or take action over legal wrongs. • Determines whether the defendant is liable to that person. • Award a remedy where the defendant has been found liable. ‘Timeline’ of the key stages of a civil trial Victoria’s civil justice system • The law-making power in civil law is generally held by the six states and two territories of the Commonwealth of Australia—managing courts and dispute resolution bodies and having its own civil laws. • The Commonwealth does have law-making powers in some areas of civil law, and there are some Commonwealth laws that can give rise to civil disputes. • The Commonwealth Parliament also has some law-making powers in relation to industrial disputes (employee disputes) that are beyond the limits of any state. The parties • Plaintiff and defendant. • Parties to a civil dispute can be: • An individual suing or being sued in their own name, or a group of individuals suing or being sued together • A corporation, otherwise known as a company – a separate legal entity from the individuals who run the company, which can sue and be sued • A government body, such as the state of Victoria, or a statutory body such as Victoria Police The plaintiff • The party who commences a civil action, also known as the aggrieved party. • Sometimes there can be multiple plaintiffs, and multiple defendants, in a civil action. • For example, if two people both own a property that has been damaged, they both maybe plaintiffs. Similarly, if two people have damaged another person’s property, they both may be defendants. The defendant • The party who is alleged to have infringed the rights or caused wrongdoing. The act of suing • Suing or litigating means to take civil action against another person, claiming that they infringed some legal right of the plaintiff, or did some legal wrong that negatively affected the plaintiff. • The aim of a civil action (suing) is to obtain a remedy that will compensate the plaintiff they are successful, by restoring them to the position they were in before the breach occurred, to the furthest extent possible. Children as parties in a civil case • A child under the age of 18 can sue another person or group through a litigation guardian, often known as a ‘next friend’, who is usually a parent or guardian. • Children can also be sued—but the extent of their legal liability depends on the child’s level of maturity and the behaviour expected of a child of that age. The principle of vicarious liability • Vicarious liability is the legal responsibility of a third party for the wrongful acts of another, which may include an employer’s liability for what their employees do. • Therefore, if an employee infringes a person’s rights while acting in the course of his or her employment, the injured person may be able to sue the employer. • The reason for making the employer liable is that employers have a right, ability and duty to control the activities of their employees. 3. Types of Civil Disputes Examples of types of civil disputes • Family law, breach of contract, defamation, nuisance, trespass, negligence Defamation • Defamation relates to saying or publishing material which causes damage to another person’s reputation. • For example, a newspaper article might falsely report that a business owner has committed fraud, which drives customers away. 1. Fairness Definition • Fairness requires requires a level of impartiality and a lack of bias in legal processes, systems and institutions. • It also re

FAQs

What is a civil justice system and what does it do?

A civil justice system is a set of methods, processes, and institutions used to resolve civil disputes. It enables people to enforce legal rights, determines defendant liability, and awards remedies where liability is found.

Who are the parties in a civil dispute?

The parties are the plaintiff and the defendant. Plaintiffs and defendants can be individuals, groups, corporations (separate legal entities), or government/statutory bodies.

How do fairness, equality, and access apply in the civil justice system?

Fairness requires impartiality and an unbiased hearing for all parties. Equality focuses on non-discriminatory outcomes and balanced resources, while access requires people to understand their rights and pursue cases, including access to legal advice and assistance.

Sep 20, 2026

Uploaded by Pentious