Legal Studies Unit 3 AOS2 pre-test

Kaeli and Blake were discussing the definition of a civil dispute. Kaeli said, ‘It’s a disagreement between two or more individuals (or groups) in which one of the individuals (or groups) makes a legal claim against the other.’

Blake did not agree with this definition.

Who was correct – Kaeli or Blake?

• Kaeli is incorrect. There are only ever two parties to a civil case.

• Kaeli is incorrect. A civil dispute always involves the police as a prosecuting authority.

• Kaeli is incorrect. Groups are never involved in civil proceedings.

• Kaeli is correct.

In a civil dispute, the outcome is known as a:

• remedy

• penalty

• sanction

• award

The role of the Ombudsman is a crucial element of the civil justice system.

Which of the following best describes the role of the Ombudsman?

• A police officer with the power to investigate complaints relating to administrative action taken by judges and magistrates.

• An officeholder with the power to investigate and report on complaints relating to administrative action taken by government departments and other authorities.

• A judge of the Supreme Court with the power to investigate and report on complaints relating to administrative action taken by governments.

The standard of proof in a civil case is central to a fair and just settlement of the dispute.

The standard of proof in a civil case is:

• carried by the defendant.

• the balance of probabilities.

• carried by the plaintiff.

• beyond reasonable doubt.

Representative proceedings are a very important feature of the civil justice system.

Which of the following is the most accurate definition of representative proceedings?

• A legal proceeding in which a large group of people sues the government.

• A legal proceeding in which an individual sues a large group of people.

• A legal proceeding in which a large group of people commences legal action against another person. Representative proceedings never involve corporations.

• A legal proceeding in which a group of people who have a claim based on similar or related facts bring that claim to court in the name of one person.

Representative proceedings are a very important feature of the civil justice system.

How many people need to be involved for representative proceedings to be valid?

• 7 or more

• 12 or more

• 10 or more

• 5 or more

Representative proceedings are a very important feature of the civil justice system.

In representative proceedings, the person named as the plaintiff on behalf of the group is known as the:

• joint plaintiff.

• lead plaintiff.

• legal plaintiff.

• sole plaintiff.

The burden of proof in a civil case is central to the requirements of establishing proof.

The burden of proof in a civil case is carried by the:

• plaintiff

• defendant

• prosecution

• accused

The mediator plays an important role in civil proceedings.

Which of the following statements best explains the role of the mediator?

• An independent third party who influences the decision-making process in an attempt to reach a timely outcome.

• A lawyer who works with the parties during the trial in an effort to reach a timely resolution. The outcome of the mediation process is binding and the parties can appeal against the verdict. This is a key component of the principles of justice.

• An independent third party who does not interfere with the decision-making process or persuade the disputing parties but assists as they attempt to reach a settlement.

• Another name given to the judge in a criminal trial.