Civil Law Flashcards

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1
Q

What are the two main types of law

A

Civil law
Criminal law

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2
Q

What does civil law deal with

A

Disputes between individuals or corporations relating to their rights

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3
Q

What does criminal law deal with

A

It’s the body of law and deals with crime and the prosecution of criminals for wrongdoing by the state

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4
Q

Who sues the defendant in civil law

A

The claimant

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5
Q

Who is the burden of proof on in civil law

A

The claimant

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6
Q

What is the standard of proof in civil law

A

A balanced of probability (more than 50%)

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7
Q

In civil law what is the goal

A

To provide compensation to harmed party

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8
Q

In criminal law who prosecutes the defendant

A

The government (the state)

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9
Q

What does criminal law deal with?

A

Deals with Offences against society

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10
Q

In criminal law what do you have to prove?

A

Prove intent or recklessness behind the action, establishing that the crime was committed with a guilty mind (men’s rea)

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11
Q

What is the standard of proof in criminal law

A

99%

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12
Q

What happens if defendant is found guilty in criminal law

A

A conviction or some sort of punishment

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13
Q

What does law of tort deal with

A

Deals with civil wrongs

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14
Q

What is tort law

A

It’s a civil wrongful other than breach of contract, when someone unfairly causes another person to suffer loss or harm

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15
Q

What are some examples of tort law

A

Libel - defamatory statement that is written
Slander - defamatory statement that is oral
Negligence - careless behaviour that could harm someone else
Nuisance
Trespass

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16
Q

What is contract law apart of

A

Civil law

17
Q

What is contract law

A

Legal rules governing an agreement to perform a duty and will seek out remedy if a violation occurs

18
Q

What areas are covered in contract law

A

Legality - T&C’s must be lawful
Capacity - a person must be in the right mental state and has competence to commit to contract
Acceptance - One party must agree to the other parties terms
Consideration - a price given in exchange for goods or services or a promise to do or not do something in return

19
Q

What is meant by beyond reasonable doubt

A

Proving something happened beyond the standard of proof

20
Q

What is Scott v avery clause

A

policy stated that in the case of any dispute about an award, the matter should first be referred to arbitration