Civil Law - Unit 1 Flashcards
What is a Claimant?
A person who makes a claim against someone else.
What is a Defendant?
A person whom an action or claim is brought upon in a court of law.
What is Negligence?
A failure or breach of a duty of care.
What is Compensation?
Money that is paid to someone in exchange for something that has been lost or damaged or for some problem.
What is Duty of Care?
The circumstances and relationships which the law recognises as giving rise to a legal duty to take care.
What is Burden of Proof?
Requirement of parties to produce evidence to establish the truth of facts needed to satisfy all legal elements of the dispute.
What is the main purpose of civil law?
To protect people and businesses.
What is the typical outcome in civil cases?
Compensation or remedies.
What is Standard of Proof?
The decision is made on ‘the balance of probabilities’ - the judge has to be over 50% sure that the defendant is liable.
Who has the Burden of Proof in civil cases?
The claimant has to prove their case to the required standard in order to receive compensation.
What is Law of Tort?
Part of the civil law dealing with legal wrongs, such as negligence and nuisance.
What is a Court of first instance?
The court that hears initial trials - County Court or High Court.
What is Doctrine of Precedent?
When a point of law is made in a particular case, the statement of the law must be applied in future cases that contain the same material facts.
What differentiates where a cases Court of First Instance is?
The complexity of the case and the amount of compensation being claimed - more complex cases are heard at a High Court.
What does the track system accomplish?
Sets out what court and which judge will hear a case based on the amount of compensation being claimed.
