aims and purpose of civil law Flashcards

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1
Q

WHAT IS THE AIM OF CIVIL LAW?

A

is to seek compensation of the person who has suffered loss or damage

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2
Q

WHAT IS THE PURPOSE OF CIVIL LAW?

A

purpose is to act against someone who has done something against someone’s human rights

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3
Q

burden proof

A

burden of proof is the claimant, the person who must prove that their case is up to the standard.

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4
Q

standard of proof

A

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

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5
Q

claimant

A

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

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6
Q

defendant

A

the person alleged to have caused the loss or damage

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7
Q

law of tort

A

dealing with civil wrongs such as negligence and nuisance

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8
Q

negligence

A

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

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9
Q

compensation

A

a sum of money paid to someone who has successfully brought a case against someone else

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10
Q

courts of first instance

A

the courts that hear the initial trials of cases

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11
Q

doctrine of precedent

A

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

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