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
