Civil Law

Question 1

Use of jury in civil

Answer 1

Only if parties request or pay for one

Jury of 6

Question 2

Define criminal law

Answer 2

An offence against society which is punishable by law

Question 3

Civil law

Answer 3

A civil offence involves the infringement of a legal right of an individual.

Question 4

Purpose of criminal law &Civil law

Answer 4

CRIMINAL: Apply punishment
CIVIL: Provide compensation

Question 5

Parties in criminal law &Civil

Answer 5

CRIMINAL:Prosecution and defendant
CIVIL: Plaintiff and defendant

Question 6

Standard of proof

Answer 6

CRIMINAL LAW: Beyond reasonable doubt

CIVIL LAW: On the balance of probabilities

Question 7

Burden of proof

Answer 7

CRIMINAL LAW: prosecution

CIVIL LAW: plaintiff

Question 8

Use of jury in criminal and civil

Answer 8

CRIMINAL LAW: find the accused guilty or not guilty

CIVIL LAW: for one party

Question 9

Outcomes

Answer 9

CRIMINAL LAW: fine, jail

CIVIL LAW: damages and injunction

Question 10

Statutory interpretation

Answer 10

The process of judges interpreting statutes.

Question 11

Precedent

Answer 11

An example to be followed in the future

Question 12

A binding precedent

Answer 12

A decision made in a higher court that must be followed by courts lower or in the same court hierarchy

Question 12

Persuasive precedent

Answer 12

A decision that does not have to be followed by other courts

Question 12

Define Ratio Decidendi

Answer 12

Is the part of the judgment that is binding. - the reason for the decision

Question 13

Purpose of civil law

Answer 13

Restore victim to the position they were in or as close as possible before the wrong occurred

Question 14

Purpose of criminal law

Answer 14

To keep the society safe by punishing those who break the law

Question 15

Define reversing

Answer 15

When a higher court hears a case appeal and believes the lower court wrongly decided the case

Question 17

Obiter dictum

Answer 17

Statements made by the judge but not part of their reasons.

Question 17

Disapproving decision

Answer 17

A judges statement that they do not believe the precedent is appropriate

Question 19

Define overruling

Answer 19

A case many rely on a legal principle formal in an earlier decision in a Lower court but the higher court may decide not to follow decision

Question 20

Distinguishing decision

Answer 20

A judges decision not to follow a precedent because the facts of the case are different from those in the precedent.

Question 21

Negligence

Answer 21

Conduct that falls below the standard regarded as normal or desirable by the community.
Duty of care
Breach of the duty
Damage

Question 21

Trespass

Answer 21

Includes battery, assault, false imprisonment

Question 22

Consent

Answer 22

A general defence that argues a person suffered harm after having consented to run the risk of being harmed

Question 23

Nuisance

Answer 23

Unlawful interference with the right of a group of people or individual

Question 24

Necessity

Answer 24

A general defence that allows a person to harm somebody to prevent greater harm

Question 25

Statutory authority

Answer 25

An organisation established by an act of parliament to make rules and regulations in a particular area