topic 5 Flashcards
who are the parties in a civil case
plaintiff and defendant
who are the parties in a criminal case
prosecution and defendant
who has the burden of proof in a civil case
the plaintiff
who has the burden of proof in a criminal case
the prosecution
what is the standard of proof in a civil case
liability on the balance of probabilities
what is the standard of proof in a criminal case
guilty beyond reasonable doubt
where are civil cases heard
under 100,000, in magistrates, 100,000-1 million, in county and over 1 million in supreme
where are criminal cases heard
summary offences and committal hearings in magistrates, indictable offences in county and murder/manslaughter cases in supreme
how does court hierarchy allow for specialisation
it allows for more experienced judges to only hear serious, indictable offences, like murder rather than hearing minor criminal cases
what is administrative convenience
it allows civil cases to be heard with a more experienced judge or less experienced magistrate, depending on remedies that are being sought
what is precedent
precedent is when there are no laws on a certain topic and a judge must make a law/ruling based on the situation (common law)
what does precedent mean for lower courts
it is binding on lower courts, they must follow/use the common law in following cases with the same/similar circumstances
what does precedent mean for higher/equal courts
the higher and equal courts dont have to follow the common law made in court but it is persuasive on their rulings
what are the elements of negligence
a person/group had a duty of care to a person, the duty of care was breached, the harm caused was as a result of the breach of the duty of care and that the plaintiff suffered injury, loss and/or damage
what are the elements of defamation
the statement is defamatory, untrue, refers to the plaintiff and the statement has been published by the defendant
