U2 AOS1 Legal Revision Flashcards
What is the primary purpose of civil law?
To restore the individual who suffered loss back to their original position before the loss occurred.
What are 5 types of civil law?
Negligence, Defamation, Misleading & Deceptive conduct, workplace law and contract law.
What are the elements of civil law?
- Breach
- Causation
- Loss
What a limitation of actions?
A time limit the plaintiff has to commence a civil action in court. If the plaintiff does not take action within the time limit, they are unable to pursue the dispute in court.
This ensure a time efficient resolution of issues and evidence is relevant.
What is the burden of proof?
What is it in civil and criminal law?
Burden of proof is the responsibility of a party to present the facts of a case.
In civil law it is on the plaintiff, whereas in criminal law it is on the prosecution.
What is the standard of proof in a case?
What is it in civil and criminal law?
The standard of proof is the amount of evidence that must be brought in a case.
In civil law the standard of proof is on the balance of probabilities, whereas in criminal law it is beyond reasonable doubt.
What does ‘on the balance of probabilities’ mean?
It means most likely or more likely than not that the defendant committed the wrong against the plaintiff.
What is the plaintiff in a civil case?
A person who initiates the case against another person.
What are the possible plaintiffs in a civil case?
- Aggrieved party (person whose rights have been infringed upon/ has suffered loss)
- Other victims (people who have indirectly suffered loss)
- Class action (7 or more people suing the same defendant for the same/similar reasons)
- Insurers (people who provide endurance that may be entitled to money paid in a claim.)
Who is the defendant in a civil case?
The person being sued.
Who are the possible defendants in a civil case?
- The wrongdoer (a person that has committed a wrong against another person)
- Employers
- Insurers (when a party has been denied compensation for a loss they believe should be covered by insurance)
What is negligence law?
Negligence law refers to when a party fails to provide a level of care to prevent loss/injury to another party, which a reasonable person would have provided.
What is the role of negligence law?
To protect an individuals right to be safe from harm, loss or damage.
To restore the plaintiff back to their original position.
Allow parties to seek remedies when duty of care has been breached.
What is the limitation of actions for negligence?
Property damage/ economic loss = 6 years
Personal injury = 3 years (use 3 years)
What are the elements of Negligence law?
- Duty of care (an obligation to ensure the safety and wellbeing of others)
- Breach of duty of care (the act, inact or omission by the defendant that fails to meet the duty of care)
- Causation (the direct link between breach and loss)
- Injury, loss or damage
What are the defences to negligence?
- Contributory negligence = when the plaintiff did not take the sufficient steps to care for their own safety which may have contributed to the harm they suffered.
- Voluntary assumption of risk = when the plaintiff is aware, understands and accepts the risk/dangers of an activity and chooses to participate anyways.
What are the remedies for negligence?
- Specific damages = measurable and have a precise value
- General damages = do not have a specific value
- Aggravated Damages = when the defendants behaviour involves malicious/oppressive actions.
What are the impacts of negligence on the plaintiff?
- Physical injuries
- Psychological impacts
- Financial impacts
What are the impacts of negligence on the defendant?
- Reputational damage
- Financial impact
- Cultural changes
What is defamation?
When false statements, presented as facts, negatively impact the reputation of a person/group.
What rights are protected by defamation?
- Right to a good reputation
- Right to seek remedies for harmed reputation
What are the elements of defamation?
- The matter is defamatory
- The matter is false
- The matter is about the plaintiff
- The matter has been published to a third party
- Serious harm to the plaintiff
What is the limitation of action for defamation?
1 year but can be extended to 3 years if the plaintiff can prove they were unable to take action earlier.
What are the possible defences to defamation?
- Justification = if the defendant proves the defamatory statements are substantially true or a fact.
- Contextual Truth = the untrue statement was said alongside true statements so the untrue statements did not have any further negative impacts on the plaintiffs reputation.
- Honest opinion
- Absolute privilege = provides complete protection for defamatory statements made in parliamentary proceedings, judicial proceedings and certain official proceedings.
- Qualified privilege = when the person making the alleged defamatory statement had a legal, social or moral obligation to do so.
