1. Word cloud
120 seconds
What is the purpose of a civil law?
2. Slide
60 seconds
Learning Intentions: Understand the key differences between civil and criminal actions, including pre-trial procedures and court processes. Explore the various methods of resolving civil disputes, including judicial determination and alternative dispute resolution (ADR). Comprehend the concept of civil jurisdiction and the court hierarchy in civil matters. Gain knowledge about the roles and persons involved in civil courts and understand the civil trial procedure. Success Criteria: By the end of this lesson, students will be able to: Differentiate between civil and criminal actions, including pre-trial procedures and court processes. Explain the different methods of resolving civil disputes, including judicial determination and various forms of ADR (mediation, conciliation, arbitration). Demonstrate an understanding of civil jurisdiction and the court hierarchy for civil matters. Identify the key roles and persons involved in civil courts and describe the civil trial procedure accurately.
In today's lesson
3. Slide
60 seconds
Civil actions are legal disputes between two or more parties. Dispute: Arises when a person (aggrieved party) believes they have been wronged by another person (wrongdoer), and this perception of being wronged is communicated to the other party, resulting in disagreement or conflict. Court hierarchy is the system in which courts are organised by levels of authority.
Civil Actions, Dispute Resolution, and Court Hierarchy
4. Slide
60 seconds
Civil Action: A lawsuit brought by one party against another in a court of law Dispute Resolution: A process for resolving disagreements between two or more parties Court Hierarchy: The system of courts in a jurisdiction, generally with a Supreme Court at the top and lower courts below
Concepts:
5. Open question
150 seconds
What is the highest court in Australia that deals with civil matters?
6. Slide
90 seconds
The High Court of Australia The final It hears appeals from lower courts and has the authority to interpret and apply the law, including the Australian Constitution. The decisions of the High Court are binding on all other courts in Australia.
What is the highest court in Australia that deals with civil matters?
7. Slide
60 seconds
Most Common: 'Lumping' the grievance: Exit and avoidance: Redirecting: Naming, blaming, and claiming:
Resolving Civil Disputes in Australia
8. Slide
60 seconds
Negotiation: Mediation: Expert determination/case appraisal: Arbitration: Adjudication by a court or tribunal:
Resolving Civil Disputes in Australia (cont.)
9. Open question
300 seconds
Which Method of Resolution and Why?
10. Open question
300 seconds
Which Method of Resolution and Why?
11. Slide
60 seconds
Differences between Civil and Criminal Law
12. Slide
60 seconds
Differences between Civil and Criminal Law
13. Open question
360 seconds
What is the difference between the burden (onus) of proof in the civil vs. criminal system?
14. Open question
360 seconds
What is the difference between the standard of proof in the civil vs. criminal system?
15. Slide
60 seconds
Tribunals are specialised administrative bodies that handle specific types of disputes. They are designed to provide an accessible, efficient, and cost-effective means of resolving disputes in a less formal setting than courts. Some common types of tribunals in Australia include the Administrative Appeals Tribunal (AAT), the Fair Work Commission, and various state-based tribunals.
Tribunals
16. Slide
60 seconds
Jurisdiction: Expertise: Informality: Alternative Dispute Resolution (ADR): Decisions:
Role of Tribunals:
17. Slide
60 seconds
Ombudsmen are independent officials appointed to investigate and resolve complaints made by individuals or entities against government agencies, public services, or private organisations operating in the public interest. They act as impartial intermediaries and advocates for fairness and transparency.
Ombudsman
18. Slide
60 seconds
To Investigate and Redress: complaints from individuals who believe they have been treated unfairly or have experienced maladministration. They examine the facts, review evidence, and facilitate communication between the parties involved to seek a fair resolution. Mediation and Conciliation: processes to help parties reach a mutually acceptable resolution. They facilitate negotiations and work towards resolving disputes through dialogue and compromise. Recommendations and Remedies: After investigating a complaint, or suggestions for changes in policies, procedures, or practices to address systemic issues identified during the process. To Monitor and Advocate: for the implementation of their recommendations and improvements in the administration and delivery of public services. They may raise awareness, influence policy changes, and provide guidance to prevent similar issues from recurring.
Role of Ombudsman's
19. Slide
60 seconds
In Queensland, the state has its own specific tribunals and ombudsman's office to address disputes and complaints. For example, the Queensland Civil and Administrative Tribunal (QCAT) handles a wide range of civil disputes, while the Queensland Ombudsman investigates complaints about state government agencies and local government entities.
In Queensland.
20. Poll
60 seconds
What is the process of resolving disputes between parties outside of court called?
- Civil Action
- Court Hierarchy
- Alternative Dispute Resolution
21. Poll
60 seconds
Which type of court has the power to review decisions made by lower courts?
- District Court
- Appellate Court
- Supreme Court
22. Poll
60 seconds
What is the first step in a civil lawsuit?
- Filing a Complaint
- Discovery
- Settlement
23. Poll
60 seconds
Which type of dispute resolution involves a neutral third party making a legally binding decision?
- Arbitration
- Mediation
- Negotiation
24. Slide
60 seconds
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OneNote - 2. Resolving Civil Disputes
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