Civil Liability Flashcards
Who has the burden of proof in a Civil case?
In civil cases, the burden of proof lies with the plaintiff, as it is the arty which initiates the civil proceeding.
What is the standard of proof in Civil cases?
In Civil cases, the standard of proof is on the balance of probabilities.
Factors to consider when initiating a Civil claim?
Costs, Limitations of actions, and enforcement issues.
What is the first method to resolve Civil disputes?
Mediation (both decided and non legally binding)
What is two strengths?
Informal process, and lets the plaintiff and defendant be actively involved in the outcome and any decision-making.
What are two weaknesses?
Absence of rules of evidence and procedure, and it’s not binding.
What is the second method of resolving a civil dispute?
Conciliation involves a conciliator who has an expertise.
What are two strengths?
Informal process, third party has expertise.
What are two weaknesses?
Not suitable for all disputes, and it relies on goodwill and tends to be voluntary.
What is the last method of solving a civil dispute?
Arbitration involving third party that decides on a legally binding decision.
What are two strengths?
Legally binding and enforceable, and considerable amount of expertise.
What are two weaknesses?
Arbitration takes away the ability of the parties to resolve the dispute themselves, and provides parties with a limited right to appeal.
What is a breach?
A breach is a violation of law or when a party fails to perform their part of a contractual agreement
What is causation?
Causation comprises the policy definitions on what in law constitutes a factual connection between an act and a consequence that in some way follows from that act. For policy reasons, the law requires the prosecution prove a sufficient causal connection between the act or omission complained of and the injury suffered.
What is a loss?
Loss is damage, detriment, or suffering flowing from the act or omission of another
What are limitations of actions?
Limitation of actions requires that certain civil claims be filed by certain dates, and it is fundamental that potential plaintiffs be aware of these time constraints.
The reasons for a court hierarchy in determining civil cases?
Admin convenience and appeals
Role of a judge in a civil case?
Ensure rules of evidence and procedure is followed, deciding questions of law, deciding the remedy, and making a decision on the facts of the case.
How many jurors?
6
Role of the jury?
Making a decision on the facts of the case, deciding the damages, take part in deliberations, and put aside prejudices.
What is the plaintiff responsible for?
For bringing the case before the court.
What is the defendant responsible for?
Defendant is responsible for disputing the claims made by the plaintiff
Why are legal practitioners needed?
Presenting the facts, representing interests, adhering to the rules of evidence and procedure, and explaining the law and options.
What does the CAV do?
Consumer Affairs Victoria aims to help Victorians be responsible and informed businesses and consumers.
Purposes of CAV?
- to ensure businesses comply with consumer laws
- to encourage Victorians to exercise their consumer rights
- to provide for fair and safe residential tenancies
- to encourage a modern and effective consumer law framework
What is VCAT?
The victorian civil and administrative tribunal is an independent tribunal which hears and determines a number of civil law matters.
Purposes of VCAT?
- to provide cost-effective civil dispute resolutions
- to provide timely civil dispute resolution
- to provide accessible and informal civil dispute resolution
Role of the parties?
Make decisions about conduct, disclose information to other party, and exchange evidence.
What are two types of evidence?
Lay-man evidence, and expert evidence
Types of civil disputes
Defamation, trespass to land, wills and inheritance, breach of contract, nuisance, and negligence.
Why do we have a court hierarchy?
Admin Convenience: This reduces the amount of delays by providing a means for allocating cases according to their seriousness and complexity.
What 2 legal bodies achieve Access?
CAV, and VCAT
