Lecture 1 - intro

Question 1

what are the universal themes of tort law?

Answer 1

• there must be REASON for liability
• Causation
• Remedies

Question 2

What are reasons for liability

Answer 2

• wrongfullness: failure to observe legal norms, either statutory or unwritten norms
• no fault liability: liability for conduct of others, and liability NOT based on conduct

Question 3

explain causation, (physical causation & remoteness)

Answer 3

physical causation: establishing a casual link (operation of the “butfor” test
remoteness: limiting the scope of the “butfor” test, and the test for remoteness is normative in nature

Question 4

What are examples of remedies?

Answer 4

1. Money
2. Injunction
3. Apologies

Question 5

What are characteristics of a crime that distinguishes it from a tort?

Answer 5

1. conduct that “wrongs society as a whole”, violates public interests. (state prosecutes crimes)
2. a crime is subject to “punishment” as an expression of societal condemnation.

PUBLIC WRONGS –> crimes
PRIVATE WRONGS –> tort

Question 6

Define crime

Answer 6

conduct that is defined as criminally punishable by the legislator

Question 7

What is criminal law?

Answer 7

Body of law concerned with legal punishment of criminal offenses. It deals with public wrongs (wrongs against society as a whole, which are punished by the state

Question 8

Who files cases within criminal law?

Answer 8

public prosecutor (state)

Question 9

what is the burden of proof within criminal law?

Answer 9

the prosecution (state) must prove defendants guilt

Question 10

what is the standard of proof within criminal law?

Answer 10

beyond reasonable doubt

Question 11

what is the judgement within criminal law?

Answer 11

Accussed is found guilty (convicted) or not guilty (acquitted) by a judge/jury

Question 12

what types of punishment is there in criminal law?

Answer 12

imprisonment (custodial punishment) or fines (non-custodial punishment)

Question 13

What is civil law / tort law?

Answer 13

Body of law concerned with disputes between persons involving compensation claims. It deals with private wrongs which harm the individual interests of a person

Question 14

Who files cases within civil/tort law?

Answer 14

claimant (private party)

Question 15

what is the burden of proof within civil/tort law?

Answer 15

claimant must prove his/her claim

Question 16

what is the standard of proof within civil/tort law?

Answer 16

on the balance of probabilities

Question 17

what is the judgement within civil/tort law?

Answer 17

respondent can be found LIABLE or NOT LIABLE to pay compensation, by a judge

Question 18

what types of punishment is there in civil/tort law?

Answer 18

compensation (usually financial) for injuries or damages

Question 19

what is the principle of individual autonomy? (justification for criminalizing conduct)

Answer 19

People are free to conduct their lives as they choose with as few restrictions as possible, therefore any restriction on our right to govern ourselves and freely choose how to act must be justified.

Question 20

what are the principles of criminalisation?

Answer 20

they “seek to legitimate the use of criminal law by providing a rational basis for the decision as to which conduct ought to be punished”
3 principles: individual autonomy, harm and wrong.

Question 21

what are limiting principles of criminalisation?

Answer 21

1. proportionality, 2. subsidiarity (ultima ratio) and 3. efficiency