Legal Unit 3 AOS2- Key principles in the Vic civil justice system Flashcards
1
Q
Civil law aims
A
- Provide a mechanism for resolving private disputes and rectifying wrongs
- Restore a plaintiff to their original position
2
Q
Burden of Proof
A
Def- which party has the responsibility to prove the facts of the case
Party- plaintiff
Why?- they are the party bringing the case to court & claiming that the defendant is in the wrong
When is BOP reversed?- there is a counterclaim made by the defendant in the case
3
Q
Standard of Proof
A
Def- strength of evidence required to prove the case
Strength- on the balance of probabilities meaning party have to prove their version of events is more likely that not to have occurred
4
Q
Civil standard of proof vs Criminal standard of proof
A
Civil SOP is a much lower threshold compared to criminal SOP
