Civil Law

Question 1

Aim Of civil law

Answer 1

protect individual rights

Question 2

burden of proof

Answer 2

lies with the plaintiff

Question 3

standard of proof

Answer 3

on the balance of probabilities - more likely than not that the wrongdoing occurred

Question 4

plaintiff

Answer 4

the party whose rights have been infringed and therefore suffered a loss or harm

Question 5

defendant

Answer 5

the party who allegedly committed the wrongdoing

Question 6

outcome of civil cases

Answer 6

REMEDY:
damages : money
-specific- calculated amounts
-general-not calculated amounts
-aggravated- insult, humiliation

injunction: court order
- mandatory- compel
-restrictive- prevent

Question 7

Methods of dispute resolution

Answer 7

MEDIATION- facilitate discussion -used in not legally complex cases (neighourly disputes)
CONCILIATION- may make suggestions about solutions (consumer law, discrimination)
ARIBITRATION- listens to evidence and enforces a binding decision (contracts, commercial dealings)

Question 8

Statutory limitations

Answer 8

LIMITATIONS OF ACTIONS ACT 1958 (vic) - sets time limits in which the plaintiff can initiate civil action
Negligence:
personal injury- 3 yrs
no personal injury- 6yrs
Defamation- 1 yr

Question 9

Non statutory limitations

Answer 9

The plaintiff can take civil action outside time limits if:
-the plaintiff could not afford to initiate civil action
-the defendant had insufficient funds to pay for any damages that may be awarded

Question 10

NEGLIGENCE

Answer 10

purpose: ensures that a party who owes a duty of care to another party does not breach their duty and if they do they are held accountable

Question 11

elements of negligence

Answer 11

1. a duty of care was owed
2. the duty of care was breached
3. due to this breach the plaintiff suffered a loss or harm

Question 12

defences to negligence

Answer 12

1. lack of elements
2. voluntary assumption of risk: the plaintiff was fully aware of the risk, appreciated its nature and extent and freely and willingly accepted the risk
3. contributory negligence

Question 13

DEFAMATION

Answer 13

purpose: to protect the reputation of individuals against unjustified attempts to discredit their character in the eyes of the community

Question 14

elements of defamation

Answer 14

1.the statement was defamatory - lowered reputation in the eyes of the community
2. the statement identified the plaintiff
3. the statement was published/ communicated to a third party

Question 15

defences to defamation

Answer 15

1. lack of elements
   2.justification - the statement was substantially true
2. honest opinion- their honest opinion, not wirtten as fact, matter of public interest
3. contextual truth- if the true statements are more serious than the defamatory statement.