civil law & courts Flashcards
role of civil law
concerned with cases where there is dispute between 2 private people
purpose of civil law
protects rights of individuals& returning “wrong party” to OG position
types of civil law
tort & contract
civil jurisdiction (court hierarchy)
magistrates-100,000
county-unlimited
supreme-unlimited
parties to a dispute
plaintiff & defendant
standard of proof
plaintiff must prove their case is more probable (on the balance of probability)
burden of proof
plaintiff must prove that defendant has committed a civil wrong
types of torts
negligence, defamation, nuisance, tresspass
juries in civil trial
optional for civil
civil remedies
damages, court order for specific performance, apology
types of damages
specific, general, nominal, exemplary, contemptuous, aggravated