Civil Law

Question 1

Persuasive Precedent

Answer 1

Judges in Victorian court hierarchy, however they could referred to decisions made in state courts outside the hierarchy if they are relevant to the case

Question 2

Binding

Answer 2

Is a precedent which must be followed by a lower court with a similar case binding is considered when the facts of the case are similar to the original case or the price it it was set by a higher court in the same hierarchy

Question 3

Stare decisis

Answer 3

Means to stand by what has been decided

Question 4

Ratio decidendi

Answer 4

The legal reasoning used by judges to reach the decision in the case

Question 5

Obiter dictum

Answer 5

Statement made by a judge when Determining a question of law and the statement will not directly affect the outcome of the case before the court

Question 6

Remedy

Answer 6

Solution to a problem to set things right

Question 7

Precedent

Answer 7

Court made law. It is made when a judge is faced with a case with similar facts to a previous decision in an older case.

Question 8

Plaintiff

Answer 8

Person bringing civil action to court

Question 9

Defendant

Answer 9

Civil action brought against this person

Question 10

Infringe

Answer 10

To break the terms of the law to breach, violate and disobey them

Question 11

Negligence

Answer 11

Is concerned with careless actions that result in loss and occurs when a person behaves in a Careless and reckless manner resulting in injury to another.

Question 12

Negligence: Duty of care

Answer 12

The Duty of care is legally owes to a neighbour and is referred to as the neighboring principal

Question 13

Defenses against negligence: no duty of care owed.

Answer 13

The defendant couldn’t foresee their action causing loss damage and suffering

Question 14

Defenses: duty of care not breached

Answer 14

The defendant acted in anyway a normal person would

Question 15

Defenses: no damage/injury caused by other means.

Answer 15

The defendant admits that the rights were infringed but their is no damaged

Question 16

Defenses: plaintiff contributes to the damage.

Answer 16

The plaintiff admits they apparently responsible for the injury

Question 17

Defenses: plaintiff willingly took a risk.

Answer 17

The plaintiff admits they took a risk and it is partly their fault

Question 18

Changing a precedent: disapproving

Answer 18

This is when the precedent is flawed or incorrect and therefore not approved by the judge. When a judge isn’t satisfied they make a comment on how the case and precedent differ, in doing say they are disapproving its application and saying to the higher court that they must change it

Question 19

Changing the precedent: distinguish

Answer 19

The case presented does not match the facts of the precedent case

Question 20

Changing the precedent: overruling

Answer 20

When the judge is not faced with a binding precedent they can take action and can overrule the Precedent and make it their own which is then used in lower court.

Question 21

Changing the precedent: reversing

Answer 21

This is when a case is appeal to a higher court the appellate judge may not agree

Question 22

Parties

Answer 22

Any person involved in a legal proceeding and involves the plaintiff and the defendant

Question 23

Statutory interpretation

Answer 23

The process of determining whether a statute applies to a particular circumstance

Question 24

nuisance, public, private

Answer 24

A person’s rights to reasonable convenience and comfort in life.
Public: both the tort and a crime dealt with by criminal law
Private: concerned with interference with our rights to enjoy land

Question 25

Standard of proof

Answer 25

The standard against which cases are measured; in a civil law it is the balance of probability

Question 26

Burden of proof

Answer 26

A duty to prove what is suspected, which rests with the party making allegations or assertion, in civil law it results on the plaintiff

Question 27

Donohue versus Stevenson

Answer 27

In 1932 Mrs. Donahue ordered Ginger beer. She drinks half of her friends ginger beer and her friend Pores the rest into a glass noticing a decomposing snail Mrs Donoghue becomes very ill and Sue’s the manufacturer Stevenson. Stevenson owed a duty of care and breached it by failing to inspect the product (neighboring principle)

Question 28

Grant versus Australian kitting mills

Answer 28

In 1936 Dr. Grant buys undergarments he wears them develops an itch then dermatitis he discovers the underwear contain chemicals the Dr. sues the manufacturer and the Australian knitting mill says in Australia people are responsible for inspecting their own clothing the court agreed with this and Grant then went on to appeal against high Court to the privy Court the privy court said as a Neighbour Grant was directly affected and AKM owed Grant compensation

Question 29

Trespass: to person

Answer 29

A person’s rights to their own safety and freedom trespass to person is often referred to as assault

Question 30

Trespass to person: assault

Answer 30

Is not only physical but is placing someone in danger

Question 31

Trespass to person: battery

Answer 31

Carrying out the danger implied such as a threat

Question 32

Trespass to person: false imprisonment

Answer 32

A person unlawfully detaining another

Question 33

Trespass to person: self-defense

Answer 33

Forced to Protect themselves

Question 34

Trespass to person: necessity

Answer 34

Action take to save the life of another

Question 35

Trespass to person: incapacity

Answer 35

suffers insanity at the time of the offense

Question 36

Trespass to person: consent

Answer 36

injury through the course of action

Question 37

Defamation

Answer 37

Protects our rights to a good reputation. Occurs when a person says or does something to damage the reputation of another.

Question 38

Defamation:Slander and libel

Answer 38

Statement made usually not in print form.

Permanent statement often printed

Question 39

Law of torts

Answer 39

major area of common-law is a civil wrong, a wrong which allows the individual who has suffered to take legal action torts are designed too give remedy

Question 40

Defamation: absolute

Answer 40

Circumstances under which people are free to say what they please statements made in Parliament by members a considered privilege

Question 41

Defamation: qualified

Answer 41

Limited privilege people having social moral or legal duty to communicate. People speak freely about matters that concern them defamatory comments made to wider audiences have to be reasonable.

Question 42

Criminal: The difference between civil and criminal

Answer 42

Criminal law is to regulate behavior in a community with the use of punishment to rehabilitate the offender

Question 43

Civil:The difference between civil and criminal

Answer 43

To enforce individuals rights and obligations that exists between people. remedies are awarded to help rectify the situation and place the plaintiff in the prior position