Civil Law

Question 1

What is civil law concerned with?

Answer 1

Civil law is concerned with settling disputes between individuals, individuals’ businesses, and sometimes the Government.

Question 2

What is the key difference between civil and criminal law?

Answer 2

The key difference is that civil law is primarily designed to settle disputes, not punish wrongdoing.

Question 3

What is a common area of civil law?

Answer 3

A common area of civil law is the law of tort.

Question 4

Who starts a civil case, and why?

Answer 4

A civil case is started by the person who has suffered loss (the claimant) as the result of a wrong that directly affects them.

Question 5

What is a typical example of a negligence case?

Answer 5

A typical example of a negligence case is a claim for losses and injuries resulting from a car crash.

Question 6

What does the claimant need to prove in a negligence case?

Answer 6

The claimant needs to prove that the defendant was negligent.

Question 7

What is the usual remedy in a civil negligence case?

Answer 7

The usual remedy is financial compensation, known as damages.

Question 8

What does the civil process involve?

Answer 8

The civil process involves the procedure by which a claim makes its way through the court system to decide whether the claim will succeed and, if so, what amount of damages should be awarded.

Question 9

What are some challenges of the civil process for claimants and defendants?

Answer 9

Challenges include the length and complexity of the process, obtaining sufficient evidence, and dealing with costs and stress.

Question 10

How are damages for a damaged car typically calculated?

Answer 10

Damages are calculated based on the cost of repairs or the market value of the vehicle if it is written off, as well as incidental costs such as renting an alternative vehicle.

Question 11

Why are personal injury claims more difficult to calculate?

Answer 11

Personal injury claims are more difficult to calculate because they involve assessing loss of future earnings and other subjective factors.

Question 12

Why are most negligence cases settled out of court?

Answer 12

Most negligence cases are settled out of court to avoid the length of time without compensation, the stress of a court case, and the question of costs.

Question 13

What is the burden of proof in a civil case?

Answer 13

The burden of proof in a civil case is upon the claimant to prove the liability of the defendant.

Question 14

What is the standard of proof in a civil case?

Answer 14

The standard of proof in a civil case is on a balance of probabilities, meaning the claimant must prove their case is more likely than not to be true.

Question 15

How does the standard of proof in civil cases differ from criminal cases?

Answer 15

In civil cases, the standard is on a balance of probabilities (more likely than not), while in criminal cases, it is beyond reasonable doubt.

Question 16

Where are negligence trials typically held?

Answer 16

Negligence trials are typically held in the County Court or High Court Queen’s Bench Division.

Question 17

Are juries used in negligence trials?

Answer 17

No, juries are not used in negligence trials.

Question 18

What are some factors that determine the length and complexity of a negligence case?

Answer 18

Factors include the nature of the injuries, clarity of the evidence, and the defendant’s defense.

Question 19

What does civil evidence refer to?

Answer 19

Civil evidence refers to the rules that set out how the facts of a civil case must be proved.

Question 20

How is the balance of probabilities defined?

Answer 20

The balance of probabilities is defined as ‘more likely than not’ or ‘51 per cent.’

Question 21

What is the role of the judge in a civil trial?

Answer 21

The judge decides whether the claimant’s case is more likely than not to be true and assesses future losses or the link between a loss and the negligent act.