Key Concepts in Civil Disputes

Question 1

What is a civil dispute?

Answer 1

• A disagreement between two or more individuals, whereby one group/party makes a claim against another, usually claiming a loss

Question 2

3x purposes of civil law

Answer 2

• To enable a party to enforce their rights
• To determine whether the defendant is liable
• To award a remedy and return the plaintiff to their original position

Question 3

Sue

Answer 3

• To take civil action against another person, claiming that they have infringed some legal right of the plaintiff or did something wrong that negatively affected the plaintiff

Question 4

Litigation (formal word for sue)

Answer 4

• Commencing a civil action in court, normally by seeking legal representation and filing a writ

Question 5

Liable

Answer 5

• Finding that one party is responsible for the others loss or infringement

Question 6

Remedy

Answer 6

• Orders made by a court or tribunal to address a civil wrong or breach designed to restore the plaintiff back to their original position
• Includes damages or injunctions

Question 7

Types of civil disputes (x3)

Answer 7

• Negligence
• Defamation
• Contractual

Question 8

Plaintiff

Answer 8

• The party who commences the civil action and claims their rights have been infringed or a wrong has occurred
• They are often also known as the aggrieved or the wronged party

Question 9

Defendant

Answer 9

• The party who is alleged to have infringed the plaintiff’s rights or is alleged to be responsible for the wrongdoing

Question 10

Vicarious liability

Answer 10

• If an employee infringes a person’s rights while acting in the course of their employment, the injured person may be able to sue their employer via vicarious liability

Question 11

Burden of proof

Answer 11

• The responsibility of proving the case
• In civil law, this responsibility rests on the plaintiff

Question 12

Counterclaims

Answer 12

• Occurs when the defendant brings a clone that the plaintiff actually caused the defendant harm
• Reverses the burden of proof

Question 13

Defences

Answer 13

• For example, the defence of contributory negligence will swap the burden of proof to the defendant

Question 14

Standard of proof

Answer 14

• The extent to which the case must be proven
• In civil law, the plaintiff must prove their case on the balance of probabilities or making it more likely than not that the defendant was responsible for the loss