Topic 5

Question 1

What is civil law?

Answer 1

• Civil Law is concerned with cases in which there is a dispute between private individuals (a corporation or company is considered to be an individual)

Question 2

Why does the court hear civil cases?

Answer 2

To restore and preserve the rights of individuals and to settle the dispute.

Question 3

Name of the parties in Criminal Trial?

Answer 3

The prosecution and the accused

Question 4

Name of the parties in Civil Trial?

Answer 4

The plaintiff and the defendant

Question 5

How is civil law different from criminal law?

Answer 5

• Civil law is different (it does not involve the police or prison).
• In a civil case, no one has committed a crime.
• In a civil case, they are alleged to have infringed on the rights of someone else.

Question 6

Why does civil law exist?

Answer 6

1. Protect our rights
2. Impose duty on others not to harm us/infringe upon our rights
3. Provide a solution if our rights are breached

Question 7

How can people deal with civil disputes?

Answer 7

1. You could do nothing
2. You could reason with the person who has breached your rights
3. You could try low key methods to solve your issue (
4. Or you could sue the person in court (LAST RESORT)

Question 8

What is Criminal Law?

Answer 8

Criminal Law is concerned with cases in which a person has committed an offence against the well-being of the community such as
- The state: terrorism or sabotage
- A person: murder or assault
- Property: theft or damage

Question 9

Standard Of Proof - Criminal?

Answer 9

Beyond Reasonable Doubt

Question 10

Standard Of Proof - Civil?

Answer 10

On the balance of probabilities, the plaintiff has to prove their version of the case is more than 50% true.

Question 11

Differences between civil and criminal cases?

Answer 11

• In criminal cases, the prosecution makes the allegations against the defendant.
• In a civil case, things are initiated by the plaintiff – they are the one who is suing.
• The person being sued is called the defendant
• The plaintiff is seeking a remedy – not a sentence, not a sanction – something that will put the plaintiff back to where they were before their rights were breached by the defendant.

Question 12

Burden of proof vs Standard of proof?

Answer 12

Burden of proof – obligation/role/onus/job of establishing the case – ie whose job is it to prove something
- in a civil case, it is on the plaintiff
Standard of proof – what level/degree of proof do you need in order to fulfil your burden – ie how much proof do you need
- in a civil case, it is the balance of probabilities – plaintiff has to prove their version of the case is more than 50% likely to be true

Question 13

Possible Findings in a criminal and civil case?

Answer 13

Criminal - Guilty, not guilty, no decision (hung-jury)
Civil - Defendant is liable or not liable

Question 14

Possible Outcomes - Civil?

Answer 14

Compensation, Injunctions (a court order that someone must do, do not or stop doing something)

Question 15

Possible Outcomes - Criminal?

Answer 15

Sanctions such as fines, imprisonments, or CCO’s

Question 16

Describe Criminal Law?

Answer 16

Criminal
Purpose: Protect Community
Parties: State (on behalf of the community) and accused
Nature of action: Prosecute
Burden of proof: Prosecution
Standard of proof: Beyond reasonable doubt
Jury: 12 in all criminal trials in County Court, Supreme Court
Possible finding: Guilty, not guilty, no decision (hung jury)
Possible outcomes: Sanctions such as fine, imprisonment

Question 17

Describe Civil Law?

Answer 17

Civil
Purpose: Protect individual rights
Parties: Plaintiff (injured party) and defendant (alleged wrongdoer)
Nature of action: Sue
Burden of proof: Plaintiff
Standard of proof: Balance of probabilities
Jury: Either party can request jury of 6 in CC, SC - but very uncommon
Possible finding: Defendant liable or not liable
Possible outcomes: Compensation, order to do or not do something

Question 18

What is jurisdiction?

Answer 18

The power of a court to hear a case

Question 19

What are the two types of jurisdiction a court can hear?

Answer 19

Courts can have two types of jurisdiction:
1. Original – the power to hear cases for the first time
2. Appellate – the power to hear appeals

Question 20

How are courts placed in a hierarchy?

Answer 20

• The type of case
• Where the relevant event took place
• How serious it is

Question 21

What is the Civil Court Hierarchy?

Answer 21

1. High Court
2. Court of Appeal
3. Supreme Court
4. County Court
5. Magistrates Court (Children’s Court + Coroners Court)

Question 22

What are the 3 reasons that courts are arranged in a hierarchy?

Answer 22

1. Specialisation/expertise
2. Appeals
3. Efficiency/ saves time and money

Question 23

What is specialisation?

Answer 23

Each court hears certain types of matters - superior courts hear most serious matters
Eg minor civil trials always held in Magistrates Court

Question 24

What are appeals?

Answer 24

If you do not like the decision of the court in the first instance, you can appeal to a higher court.

Question 25

What is efficiency?

Answer 25

• Cases get allocated based on seriousness and complexity
• It is more efficient to have those judges hear such cases as their expertise is put to better use and they get adept/experienced/knowledgeable in dealing with such cases.

Question 26

What is a precedent?

Answer 26

A judgement of a court that established a legal principle or point of law

Question 27

What are the three elements of precedent?

Answer 27

1. All inferior (lower down) courts are bound to follow the decisions of superior (higher up) courts.
2. Courts only have to follow decision made by superior courts in the same hierarchy (decisions of higher courts in other jurisdictions might be persuasive or influential but they are not binding, not compulsory to be followed)
3. Cases must involve same material (important) facts

Question 28

Examples of Civil Cases?

Answer 28

Defamation: protect your reputation
Negligence: protect yourself
Trespass: protect your property

Question 29

What is defamation?

Answer 29

Defamation is the publication of material which harms a person’s reputation.

Question 30

What are the 3 elements that the plaintiff needs to prove on the balance of probabilities in a defamation case?

Answer 30

1. Defendant published something about plaintiff
2. The thing that was published was untrue - you cannot be sued fortelling the truth.
3. As a result of the publication, the plaintiff suffered loss of reputation

Question 31

What is negligence?

Answer 31

Negligence is the failure to behave with the level of care that a reasonable person would have exercised under the same circumstances

Question 32

What are the three elements that the plaintiff has to prove on the balance of probabilities in a negligence case?

Answer 32

1. The defendant owed the plaintiff a duty of care
   - A duty of care is owed to anyone who could be reasonably foreseen to be injured by the acts or omissions of the defendant.
2. The defendant breached that duty of care
   - The defendant failed to exercise a reasonable standard of care.
3. The breach of the duty of care caused harm or loss to the
   plaintiff
   - As a result of the breach of the duty by the defendant, the plaintiff
   suffered some form of loss