Civil Law Flashcards
1
Q
Purpose
A
Recognise that the rights of an individual have been infringed and to restore the injured party to their original position.
2
Q
Definition
A
Laws regulating the Behaviour of private individuals.
3
Q
Who takes action.
A
The person whose rights have been infringed are known as the Plantiff
4
Q
Nature of action
A
Sue
5
Q
Standard proof required
A
Balance of probability
6
Q
Procedure used to bring case to court
A
Exchange of pre-trial documents – an out-of-court settlement.
7
Q
Court procedures
A
A trial before a judge sitting alone, or a judge with jury of 6.
8
Q
Decision
A
Is it liable or not
9
Q
Outcomes
A
If the defendant is found liable, a remedy is awarded to the plaintiff.
10
Q
Parties involved
A
Plaintiff and the defendant.