civil justice system

Question 1

burden of proof

Answer 1

the obligation of a party to prove the case
in civil cases, this restts with the plaintiff

Question 2

Standard of proof

Answer 2

the extent to which a case must be proved in court
must be proven on the balance of probabilities

Question 3

balance of probabilities

Answer 3

the plaintiff must establish that is was more probable than not that their claim is true

Question 4

negligence

Answer 4

occurs when the defendant owes a duty of care to the plaintiff and breaches this duty of care

Question 5

defamation

Answer 5

occurs when the defendant communicates false statements to a third party about the plaintiff, which damages the plaintiff’s reputation

Question 6

breach of contract

Answer 6

occurs when the defendant fails to perform their obligations arising from the terms of the contract

Question 7

family law

Answer 7

deals with matters relating to parents, children, and other family members
also relates to property disputes arising from a breakdown in marital or de-facto relationships, such as those regarding the division of assets

Question 8

tresspass to land

Answer 8

occurs when the defendant unlawfully interferes with the land the plaintiff possesses

Question 9

private nuisance

Answer 9

occurs when the defendant unlawfully interferes with the plaintiff’s use or enjoyment of land