legal studies unit 2 aos 1

Question 1

what is civil law

Answer 1

Civil law regulates disputes between individuals, groups and organisations. It allows people to enforce their rights where harm has occurred

Question 2

what is civil liabilities

Answer 2

Civil liabilities is the terms used to describe the legal responsibilities of a party for any loss or harm caused to another party because of a breach of a Civil law

Question 3

plaintiff

Answer 3

injured party

Question 4

the defendant

Answer 4

the wrongdoer

Question 5

not liable

Answer 5

not responsible

Question 6

achieve social cohesion

Answer 6

provides guidelines for acceptable behaviour and prevents abuse of rights

Question 7

protect of rights of individuals

Answer 7

ensures that people rights are not infringed upon

Question 8

provides a means of compensation

Answer 8

civil remedies aim to return an injured party to their original position prior to the loss

Question 9

provides an avenue to seek compensation

Answer 9

a range of bodies exist to resolve civil disputes complaints bodies, tribunals, courts

Question 10

types of civil law

Answer 10

negligence
trepass
defamation
nuisance
wills and inheritance
contract law
family law

Question 11

negligence

Answer 11

when someone breaches a duty of care

Question 12

trespass

Answer 12

interfering with another person or their land/goods, causing damage

Question 13

defamation

Answer 13

publishing false material that damages reputation

Question 14

nuisance

Answer 14

interfering with enjoyment of private or public property

Question 15

wills and inheritance

Answer 15

regulate wills, including validity and questions about the estate

Question 16

contract law

Answer 16

governs the validity and enforceability of legal agreements and rights available if these are breached

Question 17

family law

Answer 17

disputes between family members of a family nature e.g divorce or custody

Question 18

key concepts of civil law
breach

Answer 18

the defendant has in some way failed to observe a law or obligation imposed of him or her.
as the plaintiff has the onus to prove their case, they need to establish that the defendant is in breach

Question 19

key concepts of civil law
causation

Answer 19

In a civil case the plaintiff will usually need to prove causation.
This means that the actions of the defendant caused or resulted in the harm suffered by the plaintiff and the harm would not have been caused if it weren’t for the defendant

Question 20

key concepts of civil law
loss

Answer 20

The plaintiff will only be able to obtain a legal remedies such as damages if it can be proved that she or he suffered loss or harm
e.g financial loss, property damage and personal injury

Question 21

key concepts of civil law
limitations of actions

Answer 21

The time within which a wrong party must sue the Dewar once a time period has passed the defendant will be able to raise a defence that the plaintiff is too late to obtain any form of remedy

Question 22

Defamation limitation period

Answer 22

1 year

Question 23

Negligence limitation period

Answer 23

3 years

Question 24

key concepts of civil law
burden of proof

Answer 24

The burden of proof refers to the responsibilities of providing the facts about the case.
the burden of proof lies with the plaintiff, meaning the plaintiff must present evidence to establish the defendant is in the wrong

Question 25

standard of proof

Answer 25

the standard of proof refers yo the degree or extent to which a case just be proven

the plaintiff Must prove the case on the balance of probabilities, meaning the plaintiff must prove that they are most likely in the right and the defendant is most likely in the wrong

Question 26

possible plaintiffs
aggrieved party

Answer 26

the person who’s rights have be infringed upon and who has directly suffered loss

Question 27

possible plaintiffs
representative proceedings

Answer 27

one type of representative proceedings is a class action this involves 7 or more people, with the same claim against the same person

Question 28

possible plaintiffs
insurers

Answer 28

insurers enter into a insurance policy with a person, know as the insured

Question 29

possible plaintiffs
wrongdoer

Answer 29

it is often the case that the plaintiff will sue the person or company that has directly caused the loss or damage to the plaintiff

Question 30

possible plaintiffs
employers

Answer 30

an employer of an employees who is the wrongdoer, may become a defendant

Question 31

possible plaintiffs
persons involved

Answer 31

a person who is involved in the wrongdoer of another may also be sued.
a person may be involved in wrongdoing if they:
induced, or encouraged the wrongdoing
conspired with the wrongdoer

Question 32

possible plaintiffs
insurers

Answer 32

in some instances, it may be possible for a plaintiff to sue the insuer of the person who has caused the loss or damage

Question 33

tort of negligence

Answer 33

when a person is negligent in civil law, the person has failed to take reasonable care that was due to another.
a person is obligated to take care when it is reasonably foreseeable that other people could be harmed by their actions or omissions

Question 34

rights protected

Answer 34

the main purpose is to protect an individuals rights to be safe from harm, both to the person and to their property. it is expected that while engaging with others, we are aware of the potential for damage or harm that our actions could cause, and we take reasonable steps to avoid causing harm and damage

Question 35

elements
a plaintiff must prove the four elements of negligence

Answer 35

1 duty of care
2 breach of duty of care
3 causation
4 injury, loss or damage

Question 36

limitation of actions

Answer 36

sets of the limitation periods fro negligence claims
the court is able to extend the limitation period in certain circumstances

Question 37

limitation of actions
general negligence claims

Answer 37

the time starts from the date one which the cause of action accused - 6 years

Question 38

limitation of actions
actions involving a disease or disorder

Answer 38

the time starts from the date on which the person first knows they have the disease or disorder and that the disease was cause by the defendant - 3 years

Question 39

possible defences
disprove elements

Answer 39

a defendant can disprove one or more of the elements
if an element cannot be established, the defender cant be found liable for negligence

Question 40

possible defences
contributory negligence

Answer 40

the defendant may try to prove that the plaintiff contributed to a harmful situation or is partly to blame for the harm done

Question 41

possible defences
assumption of risk

Answer 41

defendant must prove that the plaintiff was aware of an obvious risk and they voluntarily chose to take the risk

Question 42

possible remedies

Answer 42

a remedy is a legal solution to breach of civil law
special damages
general damages
aggravated damages
exemplary damages

Question 43

tort of defamation

Answer 43

a type of tort which involves the action of damaging a persons personal or professional reputation in the community through the communication of false and untrue statements or information

Question 44

rights protected

Answer 44

the main purpose is too protect the character and reputation of individuals against attempts to discredit them
other rights protected be defamation law include;
the right to have a reputation protected by placing limits of freedom of expression

Question 45

elements
a plaintiff must prove four elements of defamation

Answer 45

1. statements is defamatory
   (a statement is defamatory if it lowers a person reputation or standing in a community)
2. statement is untrue
   (plaintiff must prove the statement id untrue)
3. statement refers to the plaintiff
   (the plaintiff must establish that he or she was the person to whom the statement refers)
4. defendant published statement
   (the plaintiff must prove that the statement was communicated to a person other then the plaintiff)
5. the publication caused, or is likely to cause, serious harm
   (plaintiff has burden of proof/prevents trivial or frivolous defamation claims, saving businesses, individuals and courts time and money

Question 46

limitation of actions

Answer 46

under the limitation of actions act 1958, an action for defamation must be brought with one year from the date of the publication of the mater

Question 47

disprove element

Answer 47

a defendant can disprove one or more of the elements

Question 48

justification and conjectural truth

Answer 48

the defence of justification applies when a defamatory statement is substantially true

Question 49

absolute privilege

Answer 49

the defence applies to statements made on an occasion where the free communication of information is considered to be so important that it must be exempt from defamatory law

Question 50

public interest

Answer 50

aims to assist people or bodies such as journalists and media organisations in publishing matters that are of public interest

Question 51

possible remedies - compensatory damages

Answer 51

special damages- compensate loss for what can be accurately measured

general damages - cannot be measured

aggravated damages - awarded if the defendant shows reckless disregard for the plaintiffs feelings

exemplary damages - cannot be awarded in defamation cases

Question 52

injection

Answer 52

is an order that requires a defendant to do something or not to do something

mandatory injunction - compels behaviour, forces someone to do something

restrictive injunction - prohibits behaviour, stops someone from doing somethings