U2 AOS1 Legal Revision

Question 1

What is the primary purpose of civil law?

Answer 1

To restore the individual who suffered loss back to their original position before the loss occurred.

Question 2

What are 5 types of civil law?

Answer 2

Negligence, Defamation, Misleading & Deceptive conduct, workplace law and contract law.

Question 3

What are the elements of civil law?

Answer 3

• Breach
• Causation
• Loss

Question 4

What a limitation of actions?

Answer 4

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.

Question 5

What is the burden of proof?
What is it in civil and criminal law?

Answer 5

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.

Question 6

What is the standard of proof in a case?
What is it in civil and criminal law?

Answer 6

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.

Question 7

What does ‘on the balance of probabilities’ mean?

Answer 7

It means most likely or more likely than not that the defendant committed the wrong against the plaintiff.

Question 8

What is the plaintiff in a civil case?

Answer 8

A person who initiates the case against another person.

Question 9

What are the possible plaintiffs in a civil case?

Answer 9

• 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.)

Question 10

Who is the defendant in a civil case?

Answer 10

The person being sued.

Question 11

Who are the possible defendants in a civil case?

Answer 11

• 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)

Question 12

What is negligence law?

Answer 12

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.

Question 13

What is the role of negligence law?

Answer 13

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.

Question 14

What is the limitation of actions for negligence?

Answer 14

Property damage/ economic loss = 6 years
Personal injury = 3 years (use 3 years)

Question 15

What are the elements of Negligence law?

Answer 15

• 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

Question 16

What are the defences to negligence?

Answer 16

• 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.

Question 17

What are the remedies for negligence?

Answer 17

• 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.

Question 18

What are the impacts of negligence on the plaintiff?

Answer 18

• Physical injuries
• Psychological impacts
• Financial impacts

Question 19

What are the impacts of negligence on the defendant?

Answer 19

• Reputational damage
• Financial impact
• Cultural changes

Question 20

What is defamation?

Answer 20

When false statements, presented as facts, negatively impact the reputation of a person/group.

Question 21

What rights are protected by defamation?

Answer 21

• Right to a good reputation
• Right to seek remedies for harmed reputation

Question 22

What are the elements of defamation?

Answer 22

1. The matter is defamatory
2. The matter is false
3. The matter is about the plaintiff
4. The matter has been published to a third party
5. Serious harm to the plaintiff

Question 23

What is the limitation of action for defamation?

Answer 23

1 year but can be extended to 3 years if the plaintiff can prove they were unable to take action earlier.

Question 24

What are the possible defences to defamation?

Answer 24

• 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.

Question 25

What remedies are awarded in a defamation case?

Answer 25

• Damages:
  Specific damages = are measurable and have a specific value.
  General damages = do not have a specific value.
  Aggravated damages = when the defendants behaviour involves malicious/oppressive actions.
• Injuctions:
  Mandatory injunction = forces a party to do something.
  Restrictive injunction = prevents a party from doing something.

Question 26

What are the impacts of defamation on the plaintiff?

Answer 26

• Tarnished reputation
• Unemployment
• Emotional impact
• Financial impact

Question 27

What are the impacts of defamation on the defendant?

Answer 27

• Tarnished reputation
• Unemployment
• Emotional impact
• Financial Impact