3 Flashcards

1
Q

What is the name used for a person who commences a civil action?

A) Claimant

B) Defendant

C) Respondent

D) Applicant

A

A) Claimant

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2
Q

What does the doctrine of precedent mean?

A) Judges are bound by statute.

B) Judges must decide the case on the facts.

C) Judges must apply the law set out in relevant decisions of previous superior courts and sometimes courts of the same standing.

D) Judges may apply the law set out in relevant decisions of previous superior courts and sometimes courts of the same standing.

A

C) Judges must apply the law set out in relevant decisions of previous superior courts and sometimes courts of the same standing.

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3
Q

Which of the following statements is correct?

A) All civil trials are held before a judge and jury.

B) All civil trials are heard in the Magistrates’ Court.

C) In a civil trial a claimant must prove he is innocent.

D) In a civil trial the burden of proof is on the balance of probabilities.

A

D) In a civil trial the burden of proof is on the balance of probabilities.

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