5) Civil Law

Question 1

Define: Binding Precedent

Answer 1

-decision of a higher court must be followed by lower courts (same hierarchy)

Question 2

Define: common law/case law/judge-made law

Answer 2

-decision made by judges that forms part of law

Question 3

Define: Court Hierarchy

Answer 3

-ranking of court according to seriousness of matter they deal with

Question 4

Define: Damages

Answer 4

-civil remedy; which aims to compensate for loss

Question 5

Define: Defamation

Answer 5

-written/spoken statement that lowers a persons reputation

Question 6

Define: Defendant

Answer 6

-person who’s against civil action is taken

Question 7

Define: Disapprove

Answer 7

-when court expresses disapproval of decision (but can’t change)

Question 8

Define: Distinguish

Answer 8

-when court believes that the matter of the case are not binding to a precedent

Question 9

Define: Doctrine of Precedent

Answer 9

-common law principle; by which lower courts are binding to higher courts precedent

Question 10

Define: duty of care & when does a person owe this?

Answer 10

legal obligation to avoid causing harm to a person

• risk was foreseeable
• risk was significant
• reasonable person would have taken precaution

Question 11

Define: Injunction

Answer 11

civil remedy, that stops someone from doing something

Question 12

Define: Jurisdiction

Answer 12

Lawful authority of a particular court

Question 13

Define: Negligence

Answer 13

Doing or not doing something in certain circumstances which causes harm to another person

Question 14

Define: Neighbour principle

Answer 14

Used in negligence cases; to determine if duty of care was owed

Question 15

Define: Obiter Dictum

Answer 15

remark made in passing by a judge (doesn’t effect decision on case)

Question 16

Define: Order of specific performance

Answer 16

civil remedy; that requires someone to perform a specific act

Question 17

Define: Overrule

Answer 17

new case in a higher court, creates precedent= old precedent not valid

Question 18

Define: Persuasive Precedent

Answer 18

-decision of another court that is persuasive but not binding

Question 19

Define: Plaintiff

Answer 19

Person bringing a civil action

Question 20

Define: Precedent

Answer 20

Court decision that is followed by lower courts

Question 21

Define: Private Nuisance

Answer 21

Act or omission that unreasonably interferes with use of land

Question 22

Define: Public Nusiance

Answer 22

Act or omission that interferes with comfort of a number of people

Question 23

Define: Ratio Decidendi

Answer 23

reason for a decision

Question 24

Define: Remedy

Answer 24

A way in which a court will enforce punishment or in force a right

Question 25

Define: Reverse

Answer 25

Higher court makes a different decision on the same case on appeal

Question 26

Define: Satute

Answer 26

Act of Parliament

Question 27

Define: Sue

Answer 27

Start a civil proceeding against another person

Question 28

Define: Tort

Answer 28

A civil wrong

Question 29

Define: Trespass to goods

Answer 29

Direct interference of a person to another’s goods

Question 30

Define: Trespass to person

Answer 30

Assault, battery or false imprisonment of a person

Question 31

What is Civil Law?

Answer 31

Deals with disputes between parties; whose rights have been infringed

Question 32

Define: Balance of Probabilities

Answer 32

Standard of proof in a civil case

Question 33

Types of Civil Law:

Answer 33

• tort law
• family law
• consumer law
• property law
• workplace law

Question 34

Alternative methods to resolve civil disputes;

Answer 34

• mediation
• conciliation
• arbitration

Question 35

Civil Cases

Answer 35

• plaintiff
• defendant
• on balance of probabilities
• remedies_ damages or order of performance
• pre trial_ pleadings, direction hearings & discovery
• action=sue

Question 36

Relationship between Civil & Criminal Law;

Answer 36

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