U2 AOS1 - Purposes and Types of Civil Law Flashcards
1
Q
Key terms - civil law
A
- Civil law defines the rights and responsibilities of individuals, groups and organisations in society and regulates private disputes
2
Q
Key terms - sue
A
- To sue is to take civil action against another person by making a claim that they have infringed some legal right
- Sue is in court, and the official term is litigation or to litigate
3
Q
Key terms - liability
A
- Liability is the legal responsibility of a party for loss or harm caused to another because of a breach of civil law
4
Q
Key terms - remedy
A
- Remedies are orders made by a court or tribunal to address a civil wrong or breach - designed to restore the plaintiff back to their original position
- Remedies can be in the form of damages (money) or injunctions
5
Q
Types - negligence
A
- Requires individuals who are owe a duty of care to another person to prevent foreseeable harm from occurring
6
Q
Types - trespass
A
- Prevents individuals from interfering with another person, their land or goods
7
Q
Types - nuisance
A
- Ensures that individuals can enjoy public and private property without interference or annoyance
8
Q
Types - contract
A
- Ensures that people who make promises under enforceable agreements fulfil those promises or compensate the other party if they fail to comply
9
Q
Types - defamation
A
- Protects a person’s reputation from being damaged by lies that are shared with the public
10
Q
Purposes - guidelines
A
- Provide guidelines for acceptable behaviour so that people uphold each other’s rights and social cohesion can be achieved
11
Q
Purposes - system
A
- Provide a system for parties to pursue rights protection through courts and tribunals
12
Q
Purposes - remedies
A
- Provide a remedy for harm or loss caused by an infringement of rights, usually in the form of damages or injunctions
