Civil Law Definitions Flashcards
Purpose
If civil wrong is committed and party at fault found to be liable, purpose of case is to find solution or remedy
Outcomes and remedies
Outcome for injured party is initially compensation or where compensation is insufficient, court order such as an injunction to stop defendant continuing activity.
Taking the case to court
Decision to take matter to court made by individual who wishes to make claim that cannot be settled as any other way such as by negotiation.
Parties to an action
Two sides in civil action are claimant (who is making complaint against other party to show they’re liable for injury, damage or death) and defendant (who’ll argue they aren’t at fault).
Standard of proof
In civil case, decision made on a ‘balance of probabilities’. To make decision against defendant, judge had to be 51% sure they’re liable.
Case names for current and past cases
Civil cases referred to by surname or business name of claimant and hat of defendant.
Terminology
Words such as ‘sue’, ‘liable’, ‘not liable’ and ‘remedies’ related to civil law.
Courts
If parties cannot agree to an out of court settlement, a trial will take place in issued the County Court or High Court.
Examples of areas of civil law
Areas of civil law include negligence in law of tort and contract law.
Claimant
Person or organisation complaining they’ve suffered loss or damage.
Defendant
Person alleged to have caused loss or damage.
Law of tort
Part of civil law dealing with civil wrongs, such as negligence and nuisance.
Negligence
Failure to act or acting in a way not expected of a reasonable person.
Contract law
Part of civil law protecting people and businesses who’ve made agreements - for example, about buying and selling goods and services.
Compensation
Sum of money paid to someone (a claimant) who has successfully brought a case against someone else (a defendant).
Doctrine of precedent
Once point of law has been decided in particular case, that statement of law must be applied in all future cases containing same material facts.
District judge
Full-time judge who deals with majority of cases in County Courts.
Circuit judge
More senior judge to a District judge.
Recorders
Judge who may sit in both Crown and County Courts, but most start by sitting in Crown Court. The appointment is part-time, perhaps for 20-30 days per year, and is the first step on the ladder of judicial appointments.
Chancery devision
Deals with disputes about matters such as land, wills and insolvency. Also a separate specialist court within Chancery division, called Companies Court. Handles cases relating to insolvency of companies.
Family division
Deals with some aspects of divorce, children’s welfare and medical treatment. Most family law matters are dealt with in Family Law Courts rather than High Court Family division.
Insolvency
When an individual or business cannot pay its debts. Is usually accompanied by having more liabilities than assets.
Appellate courts
Courts that hear appeals from first-instance decisions
Judicial precedent
System whereby judge must follow decision made in previous cases where the facts are same as those in present case.
