Civil Law Flashcards
1
Q
What is the purpose of civil law?
A
- to provide guidelines for acceptable behaviour
- to protect the rights of individuals
2
Q
Types of civil law include
A
- negligence
- trespass
- defamation
- nuisance
- contract
3
Q
Define breach
A
The breaking of or failure to fulfil or comply with a duty or obligation
4
Q
Define causation
A
The direct relationship between one event and another event, where event 1 was the reason why event 2 happened
5
Q
What is limitation of actions?
A
The restriction on bringing a civil law claim after the allowed time
6
Q
What is some examples of loss?
A
- economic or financial loss
- property damage
- personal injury
- pain and suffering
- loss of amenity
7
Q
Define the burden of proof
A
The responsibility of proving the facts of a case. The burden of proof lies with the plaintiff
8
Q
Define the standard of proof
A
The degree or extent to which a case must be proven in court. The plaintiff must prove the case on the balance of probabilities
9
Q
Possible plaintiffs include
A
- The aggrieved party
- Other victims
10
Q
Possible defendants
A
- The wrongdoer
- Employers
- Persons involved in the wrongdoing
