3.2.1 Civil Justice System

Question 1

What are the two key concepts of the Civil Justice System?

Answer 1

1. The burden of proof
2. The standard of proof

Question 2

Define “The burden of proof”

Answer 2

The burden of proof refers to the onus (responsibility) that one party has to prove the facts of the case, which usually lies with the plaintiff
- The burden lies with the party who brings the case to court (plaintiff)
- The defendant has the burden of proof when they make a counterclaim against the plaintiff

Question 3

Define “The standard of proof”

Answer 3

The standard of proof refers to the strength of the evidence needed to prove the case.
- The plaintiff must prove the case on the balance of probabilities, meaning they must prove which party was most likely in the right

Question 4

Define “Civil justice system”

Answer 4

A set of methods, processes and institutions used to resolve civil disputes. Including pre-trial procedures, civil dispute resolution methods, complaints bodies and civil remedies

Question 5

List the 2 parties in a civil dispute

Answer 5

Plaintiff & Defendant

Question 6

Define “Plaintiff”

Answer 6

The person who alleges their rights have been infringed and who begins legal action. The plaintiff sues the defendant for a remedy that compensates for the infringement of their rights

Question 7

Define “Defendant”

Answer 7

The party that is alleged to have infringed the plaintiffs rights in some way