aim and purpose of civil law

Question 1

examples of civil law

Answer 1

family relationships
buying and selling goods
how a company is run
ownership of property
running a business
accidents

Question 2

what is the aim and purpose of civil law

Answer 2

-protect people and business eg road users have a duty of care to others on the road
-there is also the possibility of a claim under contract law eg where goods have been bought but are defective
-all employees have a right to work in a safe environment

Question 3

aims and purpose of civil law.

Answer 3

seeks to achieve compensation for the person who has suffered loss or damage
civil law can be used to stop someone doing something that affects another persons rights

Question 4

what does purpose mean

Answer 4

if a civil wrong is committed and the party at fault is found to be liable, the purpose of the case is to find a solution or remedy

Question 5

what are outcomes and remedies

Answer 5

the outcome for the injured party is usually compensation or where compensation is insufficient a court order such as an injunction to stop the defendant continuing the activity

Question 6

what does it mean to take a case to court

Answer 6

the decision to take the matter to court is made by the individual who wishes to make a claim that cannot be settled in any other way such as by negotiation

Question 7

what is standard of proof

Answer 7

in civil case the decision is made on a “balance of probabilities “. in other words to make a decision against the defendant the judge has to be over 50% sure that they are liable

Question 8

case names for current and past cases

Answer 8

civil cases are referred to by the surname or business name of the claimant and that of the defendant for example, Paris v Stepney Borough Council (1951)

Question 9

terminology

Answer 9

words such as “sue”, “liable”, “not liable” and remedies relate to civil law

Question 10

courts

Answer 10

if the parties cannot agree to an out-of-court settlement, a trial will take place in either the County court or the High Court

Question 11

examples of areas of civil law

Answer 11

areas of civil law include negligence in the law of tort and contract law

Question 12

burden of proof

Answer 12

it sets out who has to prove their case to the required standard, in civil cases this is the claimant

Question 13

who is a claimant

Answer 13

the person or organisation complaining that they have suffered loss or damage

Question 14

who is a defendant

Answer 14

the person alleged to have caused the loss or damage

Question 15

what is the law of tort

Answer 15

part of the civil law dealing with civil wrongs, such as negligence and nuisance

Question 16

what is negligence

Answer 16

a failure to act or acting in a way not expected of a reasonable person

Question 17

what is compensation

Answer 17

a sum of money paid to someone (a claimant) who has successfully brought a case against someone else (a defendant)

Question 18

what is the courts of first instance

Answer 18

the courts that hear the initials trials of cases 9either the county court or the high court)

Question 19

what is the doctrine of precedent

Answer 19

once a point of law has been decided in a particular case, the statement of the law must be applied in all future cases containing the same material facts