legal studies unit 2 aos 1

Question 1

Purpose and types of civil law

Answer 1

Civil law is an area of law that defines the rights and responsibilities of individuals, groups and organisations in society and regulates private disputes.
a couple types of civil law:
negligence, defamation, nuisance and trespass

Question 2

Negligence

Answer 2

negligence is a tort that involves a breach of a duty of care, causing loss or harm.
A person is obliged to take care when it is reasonably foreseeable 
that other people could be harmed by their actions or omissions.

Question 3

When claiming another person has been negligent, the plaintiff must prove that four elements exist:

Answer 3

duty of care, breach, loss and causation

Question 4

Defences to negligence

Answer 4

1. The defendant can claim that the plaintiff has not established 
the four elements of negligence.
2. Contributory negligence – the plaintiff contributed to the harm caused by the defendant.

Question 5

Possible remedies to negligence

Answer 5

A person who has suffered injury, loss or damage as a result of negligence may seek a remedy to address the wrongdoing.

Generally, a person who has suffered injury, loss or damage due to negligence will seek damages as a remedy. Injunctions are rarely awarded in negligence claims.

Question 6

Limitation of actions to negligence

Answer 6

The limitation period for death or personal injury claims is whichever of the following expires first:

12 years from the date of the conduct of the defendant that 
caused the death or injury

three years from the date on which the cause of action was ‘discoverable’.

Question 7

Defamation

Answer 7

Defamation is a tort that involves the action of damaging a person’s personal or professional reputation in the community through the communication of false and untrue statements or information.

Question 8

negligence rights protected

Answer 8

protects an individual’s right to be safe from harm and establishes legal principles about when a duty of care is owed and the standard off care required

Question 9

Defences to defamation:

Answer 9

• Contextual truth
• Absolute privilege
• Publication of public documents

Question 10

Possible remedies for defamation

Answer 10

In a claim for defamation, the two remedies that would most likely be sought by the plaintiff are damages and an injunction.

Question 11

Tort law

Answer 11

Tort law involves wrongs that interfere with a person’s legally protected interests.
Examples of tort law are defamation, negligence, nuisance

Question 12

breach

Answer 12

A breach is a breaking of or failing to fulfil or comply with a duty or obligation. The nature of the breach depends on the area of law.
* In negligence, the plaintiff may allege that the defendant breached their duty of care to the plaintiff.

Question 13

Loss

Answer 13

A plaintiff can only obtain a legal remedy (e.g., damages) if it can be proved that they have suffered loss or harm.
Includes financial loss, property damage, personal injury, pain and suffering loss of amenity

Question 14

Causation

Answer 14

The plaintiff needs to prove that the defendant’s actions caused or resulted in the harm suffered by the plaintiff, and that the harm would not have occurred if the defendant had not acted in the way they did.

Question 15

Limitation of actions

Answer 15

This is the restriction on bringing a civil law claim after the allowed time. Once that time period has passed, the plaintiff may be barred from obtaining a remedy.

Question 16

The burden of proof

Answer 16

The obligation of a party to prove the facts of a case

The burden of proof usually rests with the party who initiates the action.

In a civil case, the burden of proof lies with the plaintiff.

The plaintiff must present evidence to establish that the defendant is liable; the defendant does not have to prove that they are not liable.