U3 AOS 2 - DP1 Key principles in the civil justice system

Question 1

What are the purposes of the civil justice system?

Answer 1

• Enable person to enforce legal rights or take action over legal wrongs
• Determine whether defendant is liable
• Award remedy when defendant found liable

Question 2

What is the aim of civil law?

Answer 2

Initiate a civil claim against someone to obtain a remedy that will compensate for loss incurred

Question 3

What are the key principles in civil law?

Answer 3

Burden and standard of proof

Question 4

What is the burden of proof?

Answer 4

Refers to the party that has the onus to prove the facts of the case
Lies with the person or party bringing the case (plaintiff)

Question 5

What is the standard of proof?

Answer 5

The strength of the evidence needed to prove the case
- plaintiff must prove defendant is liable for harm or loss on the balance of probabilities

Question 6

What is the balance of probabilities?

Answer 6

It means the defendant is more likely than not to have caused the plaintiff’s loss. It is lower than in a criminal trial