Civil law

Question 1

what is the aim of civil law

Answer 1

protection of individual rights - plaintiff vs defendant

Question 2

burden of proof

Answer 2

lies of plaintiff to prove wrongdoing of the defendant

Question 3

standard of probabilities

Answer 3

balance of probabilities- more likely than not

Question 4

negotiation

Answer 4

the two parties discuss the problem and present options for resolution

Question 5

letter of demand

Answer 5

sent by a solicitor to add seriousness to the situation

Question 6

mediation

Answer 6

a mediator, an independent third party assists the parties to discus the issue in dispute. The outcome is not legally binding.

Question 7

litigation

Answer 7

party who’s rights have been infringed can seek remedy via the court system.

Question 8

forms of loss

Answer 8

personal injury
economic loss
loss of reputation
mental illness
loss of income
death

Question 9

limitations of claims for:
personal injury
breach of contract
defamation

Answer 9

personal injuries = 3 years
breach of contract = 6 years
defamation = 1 year

Question 10

doc negligence elements

Answer 10

1) a duty of care must have been owed
2) the doc must have been breached
3) the plaintiff suffered a loss or harm due to actions of defendant.

Question 11

precedent

Answer 11

a legal principle that’s been established by judges when ruling over a case

Question 12

binding precedent occurs when …

Answer 12

precedent was established in a higher court
same court hierarchy