Civil Law Flashcards
Give examples of areas civil law covers
Family relationships, accidents, running a business, ownership of property.. etc
Why does civil law exist?
To protect people and businesses in our society which sets out rights and duties of individuals and businesses.
If there’s an accident, how would a civil case be brought?
Firstly, by the claimant against person alleged to have caused accident (the defendant) under area of the law of tort called negligence.
What is the aim and purpose of civil law?
Usually seeks to achieve compensation for person who suffered loss or damage.
Why is evidence needed?
To show why claimant should win their case.
Standard of proof?
Level of certainty with which claimant’s case must be proved.
In civil cases what does the claimant have to prove their case on?
Balance of probabilities - judge has to be over 50% sure defendant is liable.
What’s burden of proof used for?
Sets out who has to prove their case to required standard. In civil cases, this is the claimant.
What does the claimant have to prove?
Points of claim
What does the defendant have to prove?
Those defences which he relies on which raises new issues (that weren’t raised by claimant).
What does defendant rely upon?
Defence, which merely amounts to de oak of claimant’s claim or issues raised thereby, this doesn’t impose any legal burden upon defendant.
What is the civil courts of first instance?
Court that hears initial trial of case in either County Court or High Court. It depends on complexity and amount being claimed.
What are the only two civil cases in which a case may be started?
County Court and High Court.
Why are there hierarchy of courts?
So there’s clear route from initial trial of case to final appeal which very important for doctrine of precedent.
What number of issues do County Courts cover?
Non-payments of debts, personal injury, breach of contract, having disputes and bankruptcy.
