Key Concepts

Question 1

What is the Claimant?

Answer 1

The claimant is the person or organisation complaining that they have suffered a loss or damage.

Question 2

What is the Defendant?

Answer 2

The Defendant is the person alleged to have caused the loss or damage

Question 3

What is the Law of Tort?

Answer 3

The Law of Tort is part of civil law dealing with civil wrongs,
such as negligence and nuisance

Question 4

What is Negligence?

Answer 4

Negligence is a failure to act or acting in a way not expected of a reasonable person.

• a breach of someone’s duty of care which causes loss or a damage

Question 5

What is Compensation?

Answer 5

Compensation is a sum of money paid to someone (a claimant) who has successfully brought a case against someone else (a defendant)

Question 6

What is balance of probabilities?

Answer 6

The balance of probabilities is the standard of proof in civil cases that means the judge must be more than 50% sure that the defendant is liable

Question 7

What is burden of proof?

Answer 7

The burden of proof in civil cases means that the claimant must prove their case on the balance of probabilities

Question 8

What is the courts of first instance?

Answer 8

The courts of first instance are the courts that hear the initial trials of cases (either the country court or the high court)

Question 9

What is the doctrine of precedent?

Answer 9

The doctrine of precedent is that once a point of law has been decided in a particular case, the statement of the law must be applied in all future cases containing the same material facts

Question 10

What is the purpose?

Answer 10

The purpose is if a civil wrong is committed and the party at fault is found to be liable, the purpose of the case is to find a solution or remedy

Question 11

What is outcomes and remedies?

Answer 11

Outcomes and remedies is the outcome for the injured party which is usually compensation or where compensation is insufficient, a court order such as an injunction would be used to stop the defendant continuing the activity.

Question 12

What is taking the case to court?

Answer 12

Taking the case to court means the decision to take the matter to court is made by the individual who wishes to make a claim that cannot be settled in any other way such as by negotiation

Question 13

What is the standard of proof?

Answer 13

The standard of proof is used during a civil case, where the decision is made on a ‘balance of probabilities’. In other words, to make a decision against the defendant the judge has to be over 50% sure that they are liable.

Question 14

What is case names for current and past cases?

Answer 14

Civil cases are referred to by the surname or business name of the claimant and that of the defendant - for example, Paris v Stepney Borough Council (1951)

Question 15

What is terminology?

Answer 15

Terminology is words such as ‘sue’, ‘liable’, ‘not liable’, and remedies relate to civil law

Question 16

What is the courts (role for parties) ?

Answer 16

If the parties cannot agree to an out-of-court settlement, a trial will take place in either the county court or the high court

Question 17

State examples of areas of civil law

Answer 17

Areas of civil law include negligence in the law of tort and contract law

Question 18

What does parties to an action refer to?

Answer 18

Parties to an action refers to the two sides in a civil action which consist of the claimant (who is making a complaint against the other party to show that they are liable for injury, damage or death) and the defendant (who will argue that they are not at fault)

Question 19

what is contract law

Answer 19

a civil area of law which regulates the creation and performance of contractual obligations between two private parties