types and purposes (key terms)

Question 1

civil law

Answer 1

defines the rights and responsibilities of individuals, groups and organisations in society and regulates private disputes

Question 2

sue

Answer 2

to take civil action against another person by making a claim that they have infringed some legal right

Question 3

liability

Answer 3

the legal responsibility of a party for loss of harm caused to another because of a breach of civil law

Question 4

types of civil law

Answer 4

negligence
trespass
nuisance
contract
defamation

Question 5

trespass

Answer 5

prevents individuals from interfering with another person, their land or goods

Question 6

contract

Answer 6

ensures that people who make promises under enforceable agreements fulfil those promises or compensate the other party if they fail to comply

Question 7

purposes of civil law

Answer 7

guidelines
system
remedy

Question 8

guidelines purpose

Answer 8

provide guidelines for acceptable behaviour so that people uphold each other’s rights and social cohesion can be achieved

Question 9

systems purpose

Answer 9

provide a system for parties to pursue rights protection through courts and tribunals

Question 10

remedy purpose

Answer 10

provide a remedy for harm or loss caused by an infringement of rights

Question 11

loss

Answer 11

a type of harm or damage suffered by a person

Question 12

types of loss

Answer 12

financial
property damage
personal injury
pain and suffering
loss of amenity

Question 13

causation

Answer 13

the direct relationship between the defendant’s breach and the plaintiff’s loss (necessary condition)

Question 14

burden of proof

Answer 14

the responsibility of proving the facts of the case

Question 15

standard of proof

Answer 15

the degree to which they case must be proven in court (balance of probabilities)

Question 16

limitations of actions

Answer 16

the restriction in bringing a civil law claim after the allowed time

Question 17

purpose of limitation of actions

Answer 17

• ensure civil cases are resolved in a timely manner
• ensure reliable evidence is readily available
• ensure that the D does not have a potential case pending for an unlimited amount of time

Question 18

what is the limitation of actions act

Answer 18

Limitation of Actions Act 1958 (Vic)

Question 19

specific time limited (LoA)

Answer 19

defamation - 1 yr
under tort w personal injury - 3 yrs
under tort w/o personal injury - 6 yrs
breach of contract - 6 yrs

Question 20

a class action is when…

Answer 20

1. 7+ people have claims against the same defendant
2. the claims concern the same, similar or related circumstances
3. the claims give rise to a common issue of law or fact

Question 21

vicarious liability

Answer 21

the legal responsibility of a third party for the wrongful acts of another - ‘course of their employment’ (authorised way) or ‘frolic of their own’ (authorised way)

Question 22

remedy

Answer 22

orders made by a court of tribunal to address a civil wrong or breach - designed to restore the plaintiff back to their original position

Question 23

purpose of remedies

Answer 23

• correcting loss by restoring plaintiff to their original position
• preventing loss from occurring or worsening
• deterring other civil breaches