civil law Flashcards
what does civil law do?
aims to uphold the rights of individuals
what is the purpose of civil law?
to restore the plaintiff to their original position
what is a remedy?
order from the court which upholds the plaintiffs civil rights by providing relief and / or compensation for the loss or injury they have suffered
what is workplace law?
regulates relationship between employees and their employers eg pay and working conditions
what is contract law?
aims to protect the rights of parties to make enforceable agreements
what is family law?
guides important decisions surrounding the care of children and division if assets when families have broken down.
what is defamation law?
protects a persons reputation from being damaged by lies
what is negligence law?
requires certain individuals to take responsible care in preventing foreseeable damage from occuring
what is consumer protection law?
ensures that individuals purchasing goods or services from businesses do not have their rights infringed.
what is wills and probate law?
concerned with the creation and enforcement of wills
what is property law?
helps individuals buy, sell or rent houses or deals with commercial property leases.
what is a breach in civil law?
a breach is when a person or company fails to abide by civil law and / or fails to perform a legal obligation or infringing on an individuals rights
what is causation in civil law?
term for if someone caused the loss
what is the ‘but for’ test in civil law?
it is to figure out if someone caused or was the main cause of the loss. it asks “‘but for’ the defendants actions, would the plaintiff have suffered the loss?”
when can causation become problematic?
when there are multiple causes to the loss other than the defendants actions.
what is loss in civil law?
the concept of a loss suffered by the plaintiff
examples of losses
- loss of earnings if unable to work due to injury
- loss of reputation due to defamation
- loss of enjoyment from physical or mental pain
- damage to property
- injury or death to the plaintiff, a close family member or witnessed by the plaintiff that left them with trauma.
what is the limitation of actions?
it means that a person who feels that their rights have been infringed must initiate a civil action within a set period of time depending on the civil wrong
what is the limitation of defamation, negligence and contract?
defamation= 1 year
negligence= 3 years
contract= 6 years
what is the burden of proof in civil cases and who has it?
the responsibility of proving the facts of the case. the burden of proof is the plaintiffs
when can the burden of proof be reversed in civil law?
if the defendant raises a defence (eg claiming the plaintiffs own negligence contributed to their injury) they bear the burden of proving the facts that support their defence