Civil Law basics/pre-trial procedures

Question 1

Civil law:

Answer 1

Pertains to a matter between two individuals or groups. Protects the rights of individuals and allows them to take infringements to court to seek remedies

Question 2

Role of parties:

Answer 2

Each party is responsible for prep and presentation of their own case, usually with a legal representative.
Strengths: If sides are well-prepared should allow for a fair case, presenting of relevant evidence.
Weaknesses: Can allow for misrepresentation

Question 3

Role of judge:

Answer 3

Judge ensures parties obey rules and burden and standard of proof is satisfactory, also deciding civil liability, remedies

Question 4

Rules of evidence and procedure:

Answer 4

Requires oral evidence under oath that can be examined and tested for truth following the rules of procedure of examination in chief, cross-examination and re-examination. Expert evidence must be relevant and opinions within area of expertise. Must not contain written testimony, hearsay or privileged information

Question 5

Burden of proof:

Answer 5

The plaintiff

Question 6

Standard of proof:

Answer 6

Lies on the balance of probabilities

Question 7

Legal representation:

Answer 7

Is needed due to standard and burden of proof.
Strengths: Professionalism, experience, higher standard and burden.
Weak: Expensive