Civil Law Flashcards
What is civil law?
The system of law concerned with private relations between members of a community.
A duty of care.
Why does civil law exist?
To protect people and businesses.
Sets out the rights and duties of individuals and businesses.
What is the decision made on in a civil case?
The balance of probabilities.
How sure does the Judge have to be to make a decision against the defendant?
Over 50% sure that they are liable.
What does civil law usually seek to achieve, and who for?
Compensation for the person who has suffered loss or damage.
What does civil law seek to achieve if not for compensation?
To stop someone doing something that affects another person’s rights.
What courts are civil cases usually heard in?
County or High court.
What is the burden of proof in civil law?
The balance of probabilities.
Examples of civil law are…
The law of tort
Family Law
What is the definition of a claimant?
The person or organisation complaining that they have suffered loss or damage.
The person seeking compensation.
What is the definition of a defendant?
The person accused of causing the loss or damage.
The person being sued.
What is the definition of the law of tort?
Part of the civil law dealing with the civil wrongs, such as negligence and nuisance.
What is the definition of negligence?
A failure to act or acting in a way not expected of a reasonable person.
What is the definition of compensation?
A sum of money paid to a claimant who has successfully brought a case against a defendant to court.
What is the definition of the courts of first instance?
The courts that hear the initial trials of cases (either the County court or High court).
