Civil Law Flashcards
Use of jury in civil
Only if parties request or pay for one
Jury of 6
Define criminal law
An offence against society which is punishable by law
Civil law
A civil offence involves the infringement of a legal right of an individual.
Purpose of criminal law &Civil law
CRIMINAL: Apply punishment
CIVIL: Provide compensation
Parties in criminal law &Civil
CRIMINAL:Prosecution and defendant
CIVIL: Plaintiff and defendant
Standard of proof
CRIMINAL LAW: Beyond reasonable doubt
CIVIL LAW: On the balance of probabilities
Burden of proof
CRIMINAL LAW: prosecution
CIVIL LAW: plaintiff
Use of jury in criminal and civil
CRIMINAL LAW: find the accused guilty or not guilty
CIVIL LAW: for one party
Outcomes
CRIMINAL LAW: fine, jail
CIVIL LAW: damages and injunction
Statutory interpretation
The process of judges interpreting statutes.
Precedent
An example to be followed in the future
A binding precedent
A decision made in a higher court that must be followed by courts lower or in the same court hierarchy
Persuasive precedent
A decision that does not have to be followed by other courts
Define Ratio Decidendi
Is the part of the judgment that is binding. - the reason for the decision
Purpose of civil law
Restore victim to the position they were in or as close as possible before the wrong occurred
Purpose of criminal law
To keep the society safe by punishing those who break the law
Define reversing
When a higher court hears a case appeal and believes the lower court wrongly decided the case
Obiter dictum
Statements made by the judge but not part of their reasons.
Disapproving decision
A judges statement that they do not believe the precedent is appropriate
Define overruling
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
Distinguishing decision
A judges decision not to follow a precedent because the facts of the case are different from those in the precedent.
Negligence
Conduct that falls below the standard regarded as normal or desirable by the community.
Duty of care
Breach of the duty
Damage
Trespass
Includes battery, assault, false imprisonment
Consent
A general defence that argues a person suffered harm after having consented to run the risk of being harmed
Nuisance
Unlawful interference with the right of a group of people or individual
Necessity
A general defence that allows a person to harm somebody to prevent greater harm
Statutory authority
An organisation established by an act of parliament to make rules and regulations in a particular area
