Unit 2 Flashcards
Define Civil law
A civil offence involves the infringement of a legal right of an individual.
3 differences between civil and criminal law
1: Jury finds accused guilty or not guilty in criminal wheres as in civil jury finds for one party
2: In criminal a jury of 12 and in civil a jury of 6
3: Criminal apply punishment civil to seek compensation
Explain 2 reasons why civil law is needed
To protect the rights of an individual
Seek Compensation
Standard of Proof
On the balance of probabilities
Burden of proof
Plaintiff
When will a jury be used in a civil law matter
When a party request for one and pays for it
Strength of Jury in civil trial
A jury of 6 and is made up of ordinary people are not bias
6 people make a decision not just a judge
weaknesses of jury in civil trial
Expensive
Jury may not have legal knowledge
What is an injuction
A court order for a person to do something or restraining a person from doing something
What is a precedent
An example to be followed in the future
binding precedent
A dcision made in a higher court and must be followed by lower court or in the same hierarchy
Persuasive Precedent
A decision that does not have to be followed by other couts
Ratio decidendi
A reason for the decision
Obiter Dictum
statement made by the judge but not part of their reason
What is a tort
A wrongful act or infringement of right leading to a legal liability
Defences to torts-Statutory authority
An organisation established by an act of Parliament to make rules and regulations in a particular area
Defence to tort-NECESSITY
general defence that allows a person to harm another to prevent greater harm.
Defence to tort-SELF DEFENCE
When your life is in danger you can kill another in self defence.
Elements need to prove negligence
Duty of care has been breached
Breach of duty
Damage has occured
Civil Jurisdictions in Magistrates
Claim up to including 100,000 &; 10,000 arbitration
Civil jurisdictions in County & Supreme
Unlimited
Mediation
Guides discussion with the parties
Ensures both sides are heard
Encourages parties to reach an outcome
Strength of Mediation
Ensures that both parties have en equal opportunity to discuss and exchange information
Ensures that one party does not become too overpowering and dominant
Weaknesses of Mediation/Conciliation
One party may be dominant
If matter is not resolved it may go on further
Conciliation
The conciliator suggest a solution to the dispute
Strength of conciliation
Less formal than court
Cheaper as no legal rep is needed and no court cost and is quicker than court
Arbitration
Encourages the parties to reach a settlement themselves but if they do not a binding decision will be made
Strength of arbitration
Quicker and cheaper as no legal rep is needed and no court cost
A binding decision will be made
Weaknesses of arbitration
Not good if an ongoing relationship exists
Judicial Determination
A judge or magistrate listens to both sides of the story and ensures rules of evidence and procedures are followed.
Strength of Judicial Determination
Binding decision
If a party is not satisfied, they have a option to appeal
Weaknesses of Judicial Determination
Costly as it requires legal rep
Time consuming
Purpose of pre trial procedures
So the defendant is clearly informed of the legal action being taken and the remedy being sought by the plaintiff.
Discovery
A demand of either party to see the documents of either party
Interrogations
Questions that are answered by either sides under oath
Remedy
A form of compensation for someone who has has their rights breached
Injuction
A court order from compelling a person to do something
Damages- Specific
Monetary award of damages that can be stated in the exact amount as they are easily measured
Damages- General
A monetary award that is estimated by the court
When a court deals with precedent, what are the four methods they can use when deciding whether to follow it?
Disapproving, reversing, overruling and distinguishing
