Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Legal > Unit 1 AOS 3 > Flashcards

Unit 1 AOS 3 Flashcards

1
Q

What is civil law?

A

An area of law that defines the rights and responsibilities of individuals, groups and organisations in society and regulates private disputes.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

purpose of civil law

A

Achieve social cohesion, protect the rights of individuals, provides an avenue for people to seek compensation, provides means to seek compensation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

How does civil law promote social cohesion?

A

provides guidelines for acceptable behaviour, so that there is a standard within society. If these guidelines didn’t exist standards will not be met, therefore abusing the rights of individuals.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

How does civil law protect the rights of individuals?

A

You have the right to be protected from false statements that might damage your reputation and the right to a promise made in a contract between 2 or more parties

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

How does civil law provide an avenue to seek compensation?

A

individuals can seek compensation for a breach of civil law through courts, tribunals, dispute resolution bodies

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

how does civil law provide a means to seek compensation?

A

when a persons rights have been infringed, civil law provides a way to return the harm as far as possible back to the position they were in before the harm occurred.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

types of civil law

A

negligence, trespass, defamation, nuisance laws, contract, family, wills and inheritance law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

what is breach?

A

breaking or failing to fulfil a duty or obligation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

what is causation?

A

the direct relationship between one event and another event, where event 1 was the reason that event 2 happened and event 2 would not have happened without event 1

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

what is loss?

A

A plaintiff can only obtain a legal remedy if it can be proven they they suffered loss or harm.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

types of loss

A

economic, property, personal injury, pain and suffering, loss of amenity (loss of enjoment of life)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

what is limitaion of actions?

A

The restriction on bringing a civil law claim after the allowed time
For all civil claims there is a time limit within which a wronged party can sue the wrongdoer. Once that time period has passed then the defendant can use the defence that the plaintiff is too late to obtain any remedy.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

limitation of action-breach of contract

A

6 years

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

limitation of action-under tort law

A

6 years

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

limitation of action- under tort law where there is personal injury consisting of a disease or disorder

A

3 years

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

limitation of action-defamation

A

1 year

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

limitation of action-an action to recover arrears of rent

A

6 years

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

burden of proof (civil)

A

The obligation of a party to prove a case. The burden of proof rests with the plaintiff in a civil dispute. The plaintiff must provide enough evidence to establish that the defendant is liable for the harm that has been inflicted on the plaintiff.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

standard of proof (civil)

A

The standard of proof is the degree or extent to which a case must be proven in court. In civil cases the plaintiff must prove the case on the balance of probabilities. meaning that the plaintiff must prove that they are most likely in the right and the defendant is most likely in the wrong.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

possible plaintiffs to a civil dispute

A

the aggrieved party, other victims, insures

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

what is aggreived party?

A

is the person whose rights have been infringed and who has suffered loss.

22
Q

what are other victims?

A

a plaintiff can be a person who has indirectly suffered a loss or damage as a result of the actions of another party. eg. a person may suffer loss and damage as a result of the death of a family member.

23
Q

who are insures?

A

are individuals or companies that enter into an insurance policy with a person and under the policy the insurer agrees to provide insurance in certain circumstances. The insurance policy usually provides the insurer with the right of subrogation, the right of the insurer to act on the behalf, taking legal actions in their name

24
Q

possible defendants

A

the wrongdoer, employers, person involved in the wrongdoing, insures

25
Q

the wrongdoer

A

the individual or company that the plaintiff has sued that has directly caused them loss or damage.

26
Q

employers

A

an employer of an employee who is the wrongdoer may become a defendant because of the principle of vicarious liability, meaning that somebody is held responsible for the actions of another.

27
Q

persons involved in wrongdoing

A

a person may be involved in the wrongdoing if they encouraged the wrongdoing, directly or indirectly a party to the wrongdoing, conspired with others to cause the wrongdoing
this is known as accessorial liability meaning that a person can be held liable for the loss or harm suffered by another party because they were directly or indirectly involved in causing the harm or loss

28
Q

insures (defendant)

A

it may be possible for the plaintiff to sue the insurer of the person who has caused loss or damage/.

29
Q

What is negligence?

A

A type of tort that involves a breach of duty of care, causing loss or harm.
when a person is negligent in civil law the person has failed to take reasonable care that was due to another. A person is obliged to take care when it is reasonably foreseeable that other people could be harmed by their actions or omissions.

30
Q

What are the rights protected by negligence laws?

A

Protects individuals right to be safe from harm- harm to the person or harm to their property

negligence aims to protect people from wrongful conduct by others, where a person acts recklessly or with complete disregard for another person

31
Q

elements to establish liability for negligence

A

duty of care, breach of duty of care, causation, injury, loss, or damage

32
Q

what is duty of care?

A

A person has the legal obligation to be cautious and careful keeping others in mind when doing anything that could potentially harm them.

33
Q

a person owes a duty of care if…

A

the risk was foreseeable, the risk was significant or not insignificant, a reasonable person in the same circumstance would have taken precautions to eliminate any risk of harm

34
Q

breach of duty of care

A

a breach of duty of care occurs when a person does not take all the care that they should. The duty is breached when someone fails to do what a reasonable person would have done.

To determine if a reasonable person would have done it:
the likely risk of harm, the likely seriousness of the harm, the burden of taking the precautions to avoid the risk of harm, the social utility (benefit or worth) of the activity that creates the risk of harm

35
Q

causation (negligence)

A

a plaintiff must prove that the injury or loss they suffered was caused by a breach of duty of care and that the loss would not have occurred if not for the duty of care being broken

36
Q

Injury loss or damage (negligence)

A

a plaintiff can only seek a remedy through the law of negligence if it can be proven that they suffered injury, loss or damage (even if its minor). The injury, loss or damage can be physical, mental or damage to property

37
Q

Limitation of actions (negligence)

A

A limitation period is the time period in which a civil claim must be made

38
Q

limitation of actions-general negligence claims

A

6 years

39
Q

limitation of actions-an action or damages where a personal injury includes a disorder or disease

A

3 years

40
Q

limitation of actions-an action when the injury was death or personal injury

A

3 or 12 years

41
Q

calculation of time

A

the start of the limitation periods for negligence claims depends on the type of injury suffered by the plaintiff:
general negligence claims- the date the loss or damage was suffered by the plaintiff
for actions involving disease or disorder- starts from when the plaintiff first knew they had the disease or disorder caused by the defendant

42
Q

death or personal injury claims

A

the limitation period for death or personal injury is whichever expires first:
12 years from the date of the conduct of the defendant that caused the death or injury
3 years from the date on which the cause of action was discoverable

42
Q

child abuse

A

in 2015 the Victorian Parliament passed legislation amended the limitation period for certain actions involving child abuse. The legislation removed limitation periods for child abuse to allow survivors to bring civil action regardless of the time that has passed since the abuse occurred.

43
Q

Possible defences to negligence

A

contributory negligence, ‘violenti non fit injuria’ (assumption of risk)

44
Q

contributory negligence

A

contributory negligence is a formal defence to negligence that claims that the defendant contributed to the harm by the defendant. If the defendant can prove that the plaintiff is partly to blame for the harm done then the amount of damages will be reduced.

45
Q

‘violenti non fit injuria’ (assumption of risk)

A

‘violenti non fit injuria’ is Latin for ‘to a willing person injury is not done’ Meaning that the plaintiff accepted the dangers of a known and understood risk either expressively or by implication. This is voluntary acceptance of the risk of injury.

46
Q

possible impacts of negligence on the plaintiff

A

loss of life, permanent physical incapacity, serious physical injury, emotional impact of the breach, loss of wages and livelihood, unemployment, effect on mental health

47
Q

possible impacts of negligence on the defendant

A

loss of business- consequence of the publicity of the claim
public humiliation, physical injury- a result of contributory negligence, legal costs and remedy, need to sell assets- consequence of high damage award

48
Q

common law development of negligence

A

common law established the tort negligence in the case Donoghue v Stevenson. The common law principle allows a plaintiff to take legal action on the grounds that a defendant did not act in a way to protect the interests of their ‘neighbour’

49
Q

statute law development of negligence

A

In Vic part x of the wrongs act is the main legislation that governs negligence claims.

Legal (10 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions