Chapter 4A: Purposes/Types of Civil Law Flashcards

1
Q

What does civil law refer to ?

A

Laws that are made by judges or parliament that aim to provide individuals and organisations the right to seek a remedy if someone else harms their rights

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2
Q

What is the aim of civil law?

A

To uphold the rights of individuals

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3
Q

What is the purpose of civil law?

A

To restore the plaintiff to their original position, being the position they were in before they suffered any loss, via a remedy

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4
Q

What is a remedy?

A

An order from the court which upholds the plaintiff’s civil rights by providing compensation for the loss or injury that they have suffered

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5
Q

What does workplace law regulate?

A

The relationship between employee and their employers, including matters such as pay and working conditions

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6
Q

What is the role of contract law?

A

To protect the rights of parties to make enforceable agreements

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7
Q

What is the role of family law?

A

To guide important decisions surrounding the care of children and division of cases when family has broken down

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8
Q

What is the role of defamation law?

A

To protect a person’s reputation from being damaged by lies

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9
Q

What is the role of negligence law?

A

To require individuals to take reasonable care in preventing foreseeable damage from occurring

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10
Q

What is the role of consumer protection laws?

A

To ensure that individuals purchasing goods and services from businesses do not have their rights infringed

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11
Q

What is the role of wills and probate law?

A

To create and enforce wills

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12
Q

What is the role of property law?

A

To help individuals buy, see or rent houses, or deal with commercial property leases

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13
Q

What is the role of nuisance laws?

A

To regulate acts which interfere with the comfort, convenience or health of a person

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14
Q

What is the role of trespass laws?

A

To protect against individuals entering a private property without authority from the owner

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15
Q

What are some examples of conduct by businesses that may go against civil law?

A

False or misleading conduct and not adhering to safety protocols

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16
Q

What is the role of the Australian Competition and Consumer Commission?

A

To promote competition, fair trading and regulate national infrastructure for the benefit of all Australians, by enforcing the Competition and Consumer Act (2010)