Civil Law Flashcards

0
Q

What is defamation? (Tort)

A

A written or verbal communication that lowers a persons reputation in the eyes of others in the community.

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1
Q

What is the aim of a civil law?

A

The main aim of a civil law is to return a person back to their original position before the harm or loss occurred. This is generally done through remedies such as damages, which are awarded to compensate for loss or suffering.

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2
Q

What are 2 possible defences to defamation?

A
  • justification: which is when you argue what you published was true
  • honest opinion: you can use this as a defence if you can prove the matter was an expression of opinion, the opinion relates to the matter of public interest and the opinion is based on proper material.
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3
Q

What is negligence? (Tort)

A

Negligence occurs when a person breaches a duty to take reasonable care to avoid foreseeable risk, resulting in injury or suffering a loss.

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4
Q

What are 2 possible defences for negligence?

A
  • contributory negligence: this defence is used when you can prove that the plaintiff contributed to the offence.
  • you didn’t do it.
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5
Q

What is the role of a civil jury?

A

There are 6 people on a civil jury, they have the role of deciding how much compensation is awarded to the winner of the trial

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