Balance of Probabilities (Wk8) (U2) Flashcards
1
Q
What is civil law?
A
Civil law deals with private disputes between individuals or groups. Is a type of non-criminal law.
2
Q
How is civil law different to criminal law?
A
- The standard of proof is lower.
- Involves private disputes
- Civil juries have 6 members
- Those guilty of a cvili breach generally pay compensation.
3
Q
Where does the onus of proof lie?
A
The Plaintiff
4
Q
What is the standard of proof?
A
Balance of probabilities
5
Q
What is the purpose of civil law?
A
To protect an individuals rights
6
Q
Give 3 examples of a civil law matter.
A
- Breach of contract
- Negligence
- Defamation
- Trespass
7
Q
What is a tort?
A
A civil wrong, other than a breach of contract, which causes personal injury, property damage or financial loss for which the innocent party usually claims damages.
8
Q
How is Tort law different to Contract law?
A
- A contract is created as the product of two consenting parties.
- A tort needs no consent and is typically issued by one party against another.
9
Q
What are the different types of torts?
A
- Negligence
- Defamation
- Nuisance
- Trespass
