The Law Handbook – Victoria’s most trusted practical guide to the law since 1977
Indeed, it is relevant to mention a historical point. The problems associated with mass tort cases were recognised by Judge Friendly in the early case of Roginsky v Richardson-Merrell Inc , 66 where he observed that:. A voidable agreement is one that may have something wrong with it, so either of the parties could cancel it if they wanted to. This accords with the purpose of a privacy action:. We consider that measures to cap exemplary damages across the board are not the most appropriate means of limiting exemplary damages quantum.
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If they do things they do not have power to do, their actions can be challenged in a court or tribunal. See also fiat ; ultra vires. For example, an administrator may be appointed to manage the money, house or other possessions of a person who has a severe mental disability. This may give creditors a better chance of getting their money back because the company can keep trading under supervised management instead of being wound up. ADR alternative dispute resolution A way of resolving a dispute outside the court system.
There are different kinds of alternative dispute resolution, including arbitration , negotiation and mediation. In this system, barristers for each opposing party question witnesses and present arguments and evidence to the judge, who then decides between them and makes orders about what is to happen.
Also called the adversarial system. Compare an inquisitorial legal system. See also barrister ; court. The witness must swear that it is true and correct in front of an authorised official. This can be done on oath or by affirmation. The person in whose name the document is sworn is called the deponent.
An alternative to a religious oath. In Victoria this is They can make decisions, carry out tasks or make agreements for the other person. For example, if you ask someone to bid for you at an auction they will be acting as your agent.
A court can make this order when a party caused damage by some wrongful act, but made it even worse by adding to the mental distress of the other party. For example, using a gun in a robbery is an aggravating factor, making the offence worse than robbery without a gun. For example, a person can aid and abet an arsonist by buying petrol for them, knowing they plan to burn down a building.
For example, the police can allege in court that a car was stolen, but they then have to prove it with evidence. If you say a person did something illegal you are making an allegation.
Unless you can back it up, you will not be able to win a court case about it. For example, building a toilet block will add to the number of public amenities in the area, but it may also decrease the amenity of the near neighbours.
For example, a court can annul a marriage, which means it was never valid, in contrast to making a divorce order, which means a valid marriage is ended. Something that happened before. Arbitration is often the method choose to solve commercial construction and shipping disputes. It is less formal than a court hearing. Police have powers to arrest and charge suspected offenders and bring them before a court.
Historically, also a place for the detention and treatment of the mentally ill. The witness signs their name next to the attestation clause. It sets out the promises the person has made to the court so they can be released from police control or prison.
See also undertaking ; surety. Courts can add conditions to bail. For example, they can require that people released on bail promise to come to the court on a set date, or put up an amount of money that they cannot get back if they do not appear as they promised. The person looking after the goods must return them in good condition, as agreed. For example, when you give your watch to a jeweller for repairs, they must look after it until the repairs are done and paid for.
Bailment has nothing to do with bail in criminal cases. The plaintiff in a civil case a non-criminal case must prove that what they are arguing is more likely to be true than false. This is called the standard of proof. See also beyond reasonable doubt. The debtor is then called a bankrupt. For example, a grandmother might bequeath her engagement ring to her granddaughter. If there is any reasonable doubt about the case made by the prosecution, the offence has not been proved, and the defendant will be found not guilty.
The bond is held in case there is any damage to the property or the tenant fails to pay rent. In a criminal trial, this obligation is on the prosecution. The standard of proof is beyond reasonable doubt.
In a civil trial, the plaintiff has the burden of proof, and they must prove their claim on the balance of probabilities. The burden of proof is also called the onus of proof. In the past, buyers who purchased goods could not easily get a refund if there was something wrong with the goods.
CBO community-based order A sentencing order made as an alternative to imprisonment. It requires an offender to undertake unpaid or educational work in the community for a set number of hours under the supervision of the Office of Corrections. Certificates of title are official copies made from registers kept for all land in the state. See also transfer of land. See also jurisdiction ; prerogative writ. It may be a leasehold, called a chattel real , or a movable article of property, such as jewellery, called a chattel personal.
See also real property ; personal property security. A person who sees a serious crime taking place can stop the offender committing the crime and keep them under control until the police get there. The rule is based on old case law.
This is different from a criminal case, where the police bring criminal charges and the court may give the defendant a penalty, such as time in prison, if they are found guilty. Also called a lawsuit , a civil claim , a civil matter or a proceeding.
The area of law that covers disputes between organisations, companies or individuals, such as the law relating to contracts. Civil law is not criminal law or church law. It can include actions against the state. In discussions about the law in different countries, civil law means law based on the Roman law system, as opposed to our common law system.
For example, the franchising code of practice sets out rules for businesses operating under a franchise. Codes can be voluntary or statutory required by legislation. Also, where a group of people live together on a long-term basis, as members of a family do. Also known as a preliminary examination. See also indictable offence. The treatment takes place in the community. Community Visitor An independent person, a volunteer, who monitors and reports on the quality of mental health services and the welfare of patients.
The person sentenced must do unpaid or educational work in the community, supervised by the Office of Corrections. The payment is made to the affected person or business. For example, if a defamation claim is successful, damages must be paid by the defendant to compensate the person whose reputation they have harmed. See also aggravated damages. In a civil action they could also be referred to as a plaintiff or an applicant.
The parties negotiate with the help of an independent person called a conciliator. The aim is to sort out the dispute by mutual agreement, rather than having a decision made by a court or tribunal.
See also arbitration ; mediation ; negotiation. Because the sentences are not served one after the other, there is no extra time in jail for any sentences after the first one. See also cumulative sentence. A party who requires a witness to appear in court must pay for them to get there.
Some professionals must keep information confidential, for example doctor—patient and lawyer—client relationships. If there is a conflict of interest in performing up a role, the person generally should not accept that role.
For example, a lawyer should not agree to represent the buyer as well as the seller in a sale of land. See also informed consent. Similar to a transfer of land registered with Land Victoria, but applicable only to the tiny percentage of old system title land that is not under the Torrens title system. See also certificate of title. Generally only the copyright owner, or someone who has their permission, can reproduce, publish, copy, perform or broadcast the works.
Lawyers can only charge the amount agreed with the client in a costs agreement or the amount stated by a court in its rules. The party who loses a case usually has to pay all their own costs plus most of the costs reasonably incurred by the other side.
See also indemnity costs. The court can then balance the claims, defences and damage, and make an order that takes everything into account. Serious cases are heard by a judge and jury, or just a judge. Less-serious cases are heard by a magistrate. For example, a property developer might add a covenant to every block of land in a subdivision to stop anyone building a house there unless it is made of brick.
See also independent witness ; interested witness. Includes collection costs, penalty interest and any other amount beyond the sum borrowed. Being allowed to pay later, in the future, for something you are getting now. Crown 1 A common term for the legal power and authority of the Commonwealth, state and territory governments.
CTO community treatment order Treatment of an involuntary patient by a medical practitioner in the community, not in a mental hospital. See also concurrent sentence. A person under arrest is in police custody and is not free to go. A person in prison is serving a custodial sentence that keeps them confined to the prison grounds. For example, a person who caused a serious permanent injury to another person can be ordered by the court to pay damages that compensate the injured person for their loss of income from being unable to work.
See also aggravated damages ; compensatory damages ; general damages ; liquidated damages ; nominal damages ; special damages. Commonly used to refer to two people living together as a married couple but who are not legally married.
Generally negotiated because the debtor has been unable to pay the debt as originally agreed. A declaratory order just states the law. It does not itself include a remedy such as damages or an injunction. See also damages ; injunction. The order states that the marriage has been terminated.
Both parties are now free to remarry. See also decree nisi ; decree of nullity ; marriage. Neither party can remarry until the order is finalised when a decree absolute will be issued.
See decree nisi ; decree absolute. For example, a health authority might decree that animals with a contagious disease be quarantined. For example, children may be deemed to have the same home as their parents, whether they actually live there or not. Or a person may be deemed to have given their consent to something if they hear about it and do not object. The old common law distinction between libel written and published defamation and slander spoken defamation no longer has any legal significance.
For example, a person who fails to make a payment on their car is in default on the loan; if they continue to be in default the creditor may issue a default summons to take the debtor to court. These laws may be regulations or rules , local laws or Orders-in-Council. For example, a government minister may have power to hand their decision-making responsibility for visa applications to a public servant. Whenever there is a delegation, the higher official continues to have the authority to make the decision.
They might have been convicted of a serious crime, or be regarded as a threat to national security. Depositions may be used if the witness cannot give evidence when the trial takes place. For example, information can be given about the legal points the parties disagree about and the evidence that can be admitted. For example, a lawyer pays the cost of lodging documents on behalf of their client.
For example, a debtor can discharge a debt by paying it; a prisoner can be discharged released from jail. For example, a judge may have discretion to allow a party extra time to complete a document if it would be unfair to enforce the legal time limit. Requires a court order, and is done by the Sheriff, not by the creditor.
Some property such as tools or trade, ordinary household furniture and a low-value car are excluded from the property that can be taken and sold. A marriage is legally divorced when a court issues a decree absolute where there has been an irretrievable breakdown of the marriage. See also decree nisi. A domestic relationship can be registered in Victoria. The home base where they belong. It is particularly relevant to family law and taxation law. For example, in most circumstances if you have been on trial and found not guilty you cannot be put on trial for the same offence again even if there is new evidence.
An agreement signed under duress will be invalid. Breach of a duty of care that causes damage or loss to another may give rise to an action in tort. For example, a right of way to walk or drive across a property to get to another place is an easement.
The authority remains valid even when that person is no longer mentally competent. The power can be restricted to personal or financial matters. See also power of attorney ; supportive attorney.
It is often used to describe property belonging to someone who has died, or the property of a bankrupt. If a tenant who has been lawfully told to leave refuses to leave, the owner can take possession back by asking a court to issue an order.
It can include what witnesses say as well as documents and other objects. This is because the other car had PIP. A passenger of a Lyft car who is hurt will often, but not always, need to meet the tort threshold to get compensation for pain and suffering. You may also be able to get them if the careless driver was on a cell phone when the crash happened.
This is true even if the Florida resident was on a motorcycle , or was hit by an Uber or Lyft car. This is because Florida statute In a Florida car accident case, the time limit to sue depends on several things, including but not limited to whether the:. She claimed that the crash aggravated her pre-existing herniated disc. GEICO insured the careless driver. If you sue the careless driver or other responsible parties , they can hire a doctor to review your records and examine you.
Jurors can choose to believe whichever doctor they want. If they believe the defense doctor, you might not get a dime for pain and suffering.
A DUI driver hit a lady who was driving her car. My daughter, 25, got tboned by man that ran stop sign. Cited She shattered bones in right arm, two plates were installed, along with two 6 inch scars on her forearm, does that constitute tort?.. That is established by expert testimony. Her two six inch scars seem to meet the tort threshold, though it is ultimately up to a judge or jury to decide.
She is welcome to call me at if she is thinking about hiring a personal injury lawyer. In fact, the arguments make contested divorces very time-consuming, especially if these arguments require documents and other evidence. Uncontested divorce often involves minimal navigation to legalities, so if there are totally no disagreements between the spouses, not hiring a lawyer can be a viable option.
But you cannot say the same thing for contested divorce. According to the website of the Fort Worth divorce attorneys of the Maynard Law Firm, PLLC , contested divorce may be difficult enough to warrant the hiring of a legal professional. This translates to attorney fees that could have been prevented if the divorce has been uncontested.
This expense can also be magnified by the fact that contested divorce is often time-consuming. Ridesharing has become more popular, because it is more convenient and accessible to a big portion of the population, especially to those who are tech-savvy. For this reason, more people are also at risk of ridesharing accidents. If you have been hurt in an accident while riding in an Uber , Lyft, or any other ridesharing service, you may have legal options, such as trying to get compensation from the damages you have sustained.
Possible Damages and Compensations There are several damages a person can sustain on a ridesharing accident. What makes these damages more tragic is the fact that you are merely a passenger, and the accident has mostly likely been triggered by someone else, such as the ridesharing service driver or any other reckless driver on the road. These damages may include the following:.
What to Do After Ridesharing Accidents Getting involved in an accident while riding in a ridesharing service may be overwhelming, especially if you do not know what to do next.
Here are some steps you can follow directly after an accident:. Posted by Archimedes on 6: Reckless driving is a major traffic offense in the United States.
Reckless driving is driving with a willful or wanton disregard for safety or driving a motor vehicle while demonstrating a willful disregard of consequences. You are guilty of reckless driving if you drive more than 25 miles per hour over the posted limit. Reckless driving also involves racing another vehicle. While we know that reckless driving is a traffic offense, what we do not know is whether it is a felony or misdemeanor? In most states, reckless driving is classified as a Class 1 misdemeanor.
When convicted, you may serve a jail sentence no longer than twelve months. Aside from that, you may also be required to pay penalties. In some states, it is treated as a separate offense. Reckless driving is dependent on road conditions, the perception of the officer during the collision. Aside from imprisonment and penalties, your offense will add to your citation for speeding. Whether a felony or misdemeanor, it will depend on the jurisdiction.
So when does reckless driving become a felony? When you are a repeat offender, chances are your offense will be increased to a felony offense. In some states, reckless driving is considered as a misdemeanor. As a misdemeanor, convictions may range from penalties and imprisonment, depending on the state laws.
When someone4 is hurt or gets killed during the accident, you can be charged with felony or misdemeanor, depending on the state and the circumstances surrounding the accident, you may also be charged with misdemeanor or felony. Just like the old adage, the ability to drive entails a lot of responsibility on the part of the driver. When driving on the road, you should be safety conscious. The street is not a place for showing off your driving skills.
You share the road with other drivers so be a responsible driver. Posted by Archimedes on 3: Sex crimes can have a life changing impact on the victim. The trauma of having been sexually violated by another person may be too much for the victim. The stigma can be far worse depending on the manner the crime was committed. On the other hand, the National Criminal Victimization Survey of the Bureau of Justice Statistics revealed that there were , cases of sexual assault involving 12 years or younger in According to the website of Nashville sex offense attorney , Brent Horst Attorney At Law, sex crimes are usually the result of criminal actions.
The severity of charges and penalties are determined by various circumstances surrounding the crime. Here are the different types of sex crimes that a person can commit:. This act involves inducing threat or force in order to force another individual to take part in sexual activity or other means.
The activity is with another person who does not have the capacity to choose as a result of intoxication from drugs or alcohol. The victim can be minors who are less than 16 years of age. Prostitution is receiving monetary favors in exchange for sexual intercourse or other acts. Even if the minor gives consent to the sexual act, the adult can still be charged with statutory rape. If the act involves a teacher, priest, or other persons held in high esteem, there could be additional laws and penalties.
These are charged as misdemeanor in some states. A person who commits sexual acts is required by law to register as a sex offender. Under the National Sex Offender Registration and Notification System, all sex offenders released into the community must register and keep their information current by providing their residence location, school attendance data , employment status, and other personal details. Depending on their category, sex offenders must follow certain time periods:.
One way of having protection for your vehicle, of having ready cash for repairs or replacement in case it gets stolen, catches fire or is damaged, is by purchasing collision insurance. To protect other people from injury and their property from damages, however, in the event of an accident that is a result of your negligence or recklessness, the thing required is liability insurance.
While collision insurance is for your own protection and is voluntarily purchased, liability insurance is for the protection of an innocent victim and is mandated in as many as 48 states.
Car liability insurance is mandated in the US except in the states of New Hampshire and Virginia where it is enough for drivers to post a bond or cash equal to the amount of damages in a crash. Its two most common types are the full tort car insurance coverage and the no-fault insurance coverage, which is otherwise called personal injury protection PIP.
A lawsuit is usually filed by one driver the victim in order to prove the liability of the other and for compensation purposes.
No-fault insurance coverage is considered by many as more advantageous to drivers due to the following reasons:.