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The strength of evidence needed to prove the case beyond a reasonable doubt
The standard of proof in criminal law falls on the prosecution

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every person accused of a crime is entitled to be presumed innocent, unless they are otherwise proven to be guilty in a court
a high standard is imposed on the prosecution (who has the burden of proof) to prove the guilt of the accused beyond a reasonable doubt with evidence
the presumption of innocence is upheld through bail, although it is not always granted to an accused

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Case management (power to give directions)

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Case management (power to give directions)

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A direction is an instruction given by the court to one or more of the parties which imposes an obligation on a party to do something by a certain time or specifies how a civil proceeding is to be conducted.

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The judge acts as an impartial and independent umpire or referee in a civil trial, ensuring that court procedures are carried out in accordance with the court’s rules.

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Using a hierarchy for courts means that cases can be distributed according to their seriousness and complexity.

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A serious criminal offence, such as drug trafficking or homicide, and are outlined in the Crimes Act 1958 (Vic)
- heard in the County or Supreme Court, determined by a jury and a judge

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discussions between the prosecutor and the accused about the charges against the accused
*both summary and indictable offences

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A case with sufficient evidence to gain a conviction in a higher court

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A sanction is a penalty imposed by courts on a person who is guilty of an offence.

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-take place in the Magistrates court
occurs when:
> accused has been charged with one or more indictable offences
>accused has pleaded not guilty
*only for  INDICTABLE OFFENCES

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Give Directions -
The judge has the power to give directions, limiting witnesses is one of the directions.
Order Mediation -
The judge has the power to order mediation, if the judge finds it beneficial and can solve a case more timely they will often decide to take the case to mediation (county and supreme have conciliation).

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the right to give evidence as a vulnerable witness - CRIMINAL LAW

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the right to give evidence as a vulnerable witness - CRIMINAL LAW

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in some criminal cases the victim may also be a witness, if so they have to give evidence in support of the prosecutions case. this rust recognises that giving evidence in a court room in particular sensitive cases (sexual assault) can make the victim uncomfortable therefore jeprodisring the evidence. therefore they provide vulnerable witnesses with alternative arrangements, and special arrangements and protected witnesses.

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Refers to when parties establish the facts of the case and the evidence that will be used to prove those facts, for example medical records.

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When the court give out sentence indications to the accused to let them know what sanction is likely to be imposed on them

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this refers to a series of documents lodged to the courts outlining each parties claims, it outlines the alleged nature of claims, facts and the remedy being sought, and the statement of defence.

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Means all people should be treated equally before the law, with equal opportunity to present their case. Despite differences like socioeconomic background, culture, race etc

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Cost - Parties in a civil case often incur high costs when pursuing a case such as; solicitors fees, barristers feels, witness fees, court filing fees, jury and the appeals
Time Factors - Delays are undesirable as they can compound suffering of the injured party, adding stress and may further contribute to costs
Accessibility - Vulnerable people may need extra assistance in having their disputes resolved. A lack of access can lead to valid civil claims being abandoned, withdrawn or settled

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In civil law is on the balance of probabilities, and refers to the strength of evidence needed to prove a case

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Minor offences that are heard in the magistrates court. They are within the summary offence act in 1966

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reasons for court hierarchy- appeals CIVIL LAW 

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reasons for court hierarchy- appeals CIVIL LAW 

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this refers to when someone is dissatisfied with a decision in a civil trial, if there are grounds for appeal (point of law, remedies awarded, question of fact) they can take the matter to a high court.

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The party who is alleged to have infringed rights

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The party on which the responsibility to prove the facts of the case falls on, in civil law this falls on the plaintiff.

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In civil law the plaintiff is the party who’s rights have been infringed

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Mediation is a dispute resolution body which allows the two parties to volantarily reach a decison together. The third party has the role to facilitate and observe the meeting.

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The legal time frame in which a person is able to launch a civil claim. For example defamation is 1 year

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Burden of proof - the party which has the responsibility to prove the facts of the case. In criminal law, falls on the prosecution