topic 5

Question 1

jurisdiction of civil courts

Answer 1

supreme: unlimited hears serious civil cases and appeals
county: Unlimited – no minimum or maximum $ amount
magistrate: plaintiff seeking up to 100,000

Question 1

civil court hierarchy

Answer 1

the high court, the court of appeals supreme, county, magistrate

Question 2

appeal hierarchy

Answer 2

high court- appeals from the court of Appeals
court of appeals- supreme of county
supreme- county

Question 3

Burden of proof

Answer 3

plaintiff and procession

Question 4

standard of proof

Answer 4

on the balance of probabilities, liable or non liable and beyond reasonable doubt

Question 5

plaintiff

Answer 5

party who brought cases to court who has had wrong done by them and seeking a legal remedy

Question 6

defendant

Answer 6

accused, being sued by the plaintiff

Question 7

damges

Answer 7

Damages are intended to restore the injured party to the position they would have been in had the harm not occurred.

Question 8

precedent

Answer 8

a judgement of a court that establishes a legal principle or point of law

Question 9

binding and persuasive precedent

Answer 9

Binding – decision made by superior (upper) court is binding on all inferior (lower) courts in that jurisdiction where the cases involve materially similar facts

So if the Court of Appeal makes a decision, all courts in Vic have to follow the principle of
that decision in later cases involving the same material facts

Persuasive – could be

1. a decision of the court in another hierarchy (for example, New South Wales or India or
   Texas); or
2. a decision of the equal or lower court in the same hierarchy;

Precedents can be binding - you have to follow them, persuasive - they may influence you but you do not have to follow

Question 10

Donoghue vs Stevenson, neighbour principle

Answer 10

you own a duty of care to your neigbour

Question 11

negligence

Answer 11

looking out for other people
anyone who you can reasonably foresee might get injured if you do not take enough care

Question 12

negligence 3 elements the plaintiff has to prove on the balance of probabilities

Answer 12

1-The defendant owed the plaintiff a duty of care
2-The defendant breached that duty of care
3-The breach of the duty of care caused harm or loss to the
plaintiff

Question 13

defemation

Answer 13

reputation
Specifically, the law protects us from having our reputation trashed by other
people spreading lies about us

Question 14

defamation 3 things the plaintiff needs to establish on the balance of probabilities

Answer 14

1- Defendant published something about the plaintiff- any form to at least one other person

2-The thing that was published was untrue

3-As a result of the publication, the plaintiff suffered loss of reputation

Question 15

what is civil law

Answer 15

private disputes between two individuals or a group, civil law is in place to protect your rights It is all about rights and responsibilities

Question 16

reasons for civil law

Answer 16

Protect our rights

-Right to ensure those who should look out for us are doing so
-Right to live at home without noise/trespassers
-Right to ensure our reputation is not unfairly trashed
-Impose duty on others not to harm us/infringe upon our rights

So everyone in society has clear responsibility to look out for each other and avoid doing certain types of harm to others

3. Provide a remedy (solution) if our rights are breached

Question 17

doctrine of precedent

Answer 17

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

3-Cases must involve same material (important) facts

So inferior (lower down) courts need to follow the decisions of superior (higher
up) courts in the same hierarchy in cases where the material facts are the same!