U3 AOS 2a lesson 1 Flashcards
Civil disputes
a disagreement between two or more individuals whereby one group party makes a claim against another usually, claiming a loss
sue
to take civil action against another person claiming that they have infringed some legal right of the plaintiff
or
did something wrong that negatively affected the plaintiff
litigate
commencing a civil action in court - normally begins by seeking legal representation and filing of a writ.
liable
finding that one party is responsible for the other’s loss/infringement
remedy
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 injunctions or damages
negligence definition
Occurs when the defendant owes a duty of care to the plaintiff and breaches this duty .
negligence example
An employer was physically injured for incorrectly operating hazardous equipment and is seeking compensation from their employer for failing to provide adequate training on how to operate the equipment.
defamation definition
Occurs when the defendant communicates false statements to a third party about the plaintiff, which damages the plaintiffs reputation.
defamation example
A celebrity had an article full of lies about their new relationship published on social media and is seeking compensation for damage to their reputation.
breach of contract definition
Occurs when the defendant fails to perform their obligations arising from the terms of a contract.
breach of contract example
A person entered into a contract with a builder to do renovations on their home. The builder failed to complete the renovations to a satisfactory standard and the person is seeking compensation.
plaintiff
the party who commences the civil action and claims their rights have been infringed or a wrong has occurred. The plaintiff is also known as the aggrieved party or the wronged party
defendant
the party who is alleged to have infringed the plaintiff’s rights or is alleged to be responsible for the wrongdoing
burden of proof
the side that must prove their case.
The burden of proof in civil law rests upon the plaintiff bcs they initiate the claim
standard of proof
The standard of proof refers to the strength of evidence required to prove the case.
In civil law, the plaintiff must prove their case based on the balance of probabilities; that is - that it is more probable or more likely than not that their claim is true. It is a less strict standard than beyond a reasonable doubt.
