Features of Civil Law Flashcards
What is Civil Law?
The system of law concerned with private relations between members of a community rather than criminal, military, or religious affairs.
What does Civil Law aim to do?
It aims to correct unfair situations - often by compensating the victim.
Standard or burden of Proof
In civil cases, the burden of proof is on the claimant, and the standard required of them is that they prove the case against the defendant “on a balance of probabilities”. This is unofficially described as the 51% test.
Claimant
A person who makes a claim (seeking government aid or a lawsuit)
Defendant
The person being accused in a lawsuit
Law of Tort
A body of rights used by the courts in civil proceedings
Negligence
A failure to act or follow rules which breaches the duty of care
Compensation
An amount given which is to recompense for an injury or a loss