civil law Flashcards
civil law
is concerned with cases in which there is a dispute between 2 private individuals
individuals can be
a person or a company/ organisation
court hears civil cases to
determine the rights of individuals to settle the despute
examples of disputes
ownership of property, contracts, divorce
parties involved in civil case
plaintiff and defendant
nature of the action
sue
outcome
if defendant is found liable a remedy is awarded to the plaintiff
purpose of civil law
to recognise the rights of individuals who have been infringed and restore the injured party to their original position
people who feel their rights have been infringed may
sue to obtain a remedy
a remedy may be
a financial amount
magistrate deals with cases
under $100, 000
county deals with cases
over $100, 000
supreme
over $100, 000 and complex
how many juries
6
outcome
liable or not liable
the plaintiff
is the person making the claim and the one that takes action
the defendant
defends their actions
people only take these cases to court if they
have confidence that they will win
do these cases go straight to court
no. lawyers try to settle the issue before it needs to go to court
