aims and purpose of civil law Flashcards
WHAT IS THE AIM OF CIVIL LAW?
is to seek compensation of the person who has suffered loss or damage
WHAT IS THE PURPOSE OF CIVIL LAW?
purpose is to act against someone who has done something against someone’s human rights
burden proof
burden of proof is the claimant, the person who must prove that their case is up to the standard.
standard of proof
in civil cases the decision is made on a balance of probabilities.
to make a decision against the defendant the judge must be over 50% to make sure the defendant is liable
claimant
the person/ organisation complaining that they have suffered loss or damage
defendant
the person alleged to have caused the loss or damage
law of tort
dealing with civil wrongs such as negligence and nuisance
negligence
a failure to act or acting in a way not expected of a reasonable person
compensation
a sum of money paid to someone who has successfully brought a case against someone else
courts of first instance
the courts that hear the initial trials of cases
doctrine of precedent
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