Parties, fea, Burden And Standard Of Proof

Question 1

What are the parties to a civil case?

Answer 1

Plaintiff: Alleges their rights have been infringed, sues the defendant.
Defendant: Alleged to have infringed the rights of the plaintiff.

Parties: Can be individuals, groups, corporations or government bodies.

Question 2

What does fairness in a civil case include?

Answer 2

• Both parties should have an equal opportunity to present their case.
• The dispute resolution process should not disadvantage either party.
• Both parties should be able to fully understand the process and be able to fully participate in hearings.
• There should be fair processes including any pre-hearing procedures as well as the hearing itself.

Question 3

What does equality involve in a civil case?

Answer 3

• Equality in the civil justice system means that all parties should be treated equally before the law with an equal opportunity to present their case.
• Legal procedures should be free from bias or prejudice and the people who resolve disputes should be unbiased.

Question 4

What does access in a civil case involve?

Answer 4

• Access in the Civil justice system means that people understand their legal rights and can peruse their claims in the legal system.
• People should be able to use courts and tribunals to solve their disputes and get assistance and information from other legal institutions.

Question 5

What is the burden of proof in a civil case, and who does it lie with?

Answer 5

The burden of proof is the onus or responsibility of one side to establish the facts of the case. This lies with the party bringing the case to court.

Question 6

What is the standard of proof in a civil case?

Answer 6

The standard of proof is the strength of the evidence needed to establish the case. In a civil case, this is in the balance of probabilities, which means they are more likely to be telling the truth or in the right.