aims and purposes of civil law Flashcards
why does civil law exist?
civil law exists to protect people and businesses. civil law sets out the rights and duties of individuals and businesses.
what does civil law seek to achieve?
civil law usually seeks to achieve compensation for the person who has suffered a loss or damage.
what is the purpose of civil law?
the purpose is if a 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.
what are the outcomes and remedies of civil law?
the outcome for the injured party is usually compensation or where compensation is insufficient a court order such as an injunction is to stop the defendant from continuing the activity.
in civil law how is a case taken to court?
the decision to take a case to court is made by the individual who wishes to make a claim that cannot be settled in any other way such as negotiation.
what is the standard of proof in civil law?
in civil law the decision is made on a balance of probabilities, this means to make a decision against the defendant the judge has to be 50% over sure they are liable.
in civil law what are the case names for current and past cases?
civil cases are referred to by surname or business name of the claimant and that of the defendant E.G. Paris v Stepney Borough Council (1951).
what are the courts in civil law?
if parties cannot agree to out-of-court settlement a trial will be taken either in the County court or the High court.
what are example of areas in civil law?
areas of civil law include negligence in the law of tort and contract law.
what is the Burdon of proof?
this sets out who has to prove their case to the required standard. in civil cases this is the claimant. they would prove their case on the balance of probabilities.
