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Legal Studies > Unit 2 > Flashcards

Unit 2 Flashcards

1
Q

Define Civil law

A

A civil offence involves the infringement of a legal right of an individual.

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2
Q

3 differences between civil and criminal law

A

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

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3
Q

Explain 2 reasons why civil law is needed

A

To protect the rights of an individual

Seek Compensation

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4
Q

Standard of Proof

A

On the balance of probabilities

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5
Q

Burden of proof

A

Plaintiff

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6
Q

When will a jury be used in a civil law matter

A

When a party request for one and pays for it

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7
Q

Strength of Jury in civil trial

A

A jury of 6 and is made up of ordinary people are not bias

6 people make a decision not just a judge

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8
Q

weaknesses of jury in civil trial

A

Expensive

Jury may not have legal knowledge

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9
Q

What is an injuction

A

A court order for a person to do something or restraining a person from doing something

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10
Q

What is a precedent

A

An example to be followed in the future

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11
Q

binding precedent

A

A dcision made in a higher court and must be followed by lower court or in the same hierarchy

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12
Q

Persuasive Precedent

A

A decision that does not have to be followed by other couts

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13
Q

Ratio decidendi

A

A reason for the decision

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14
Q

Obiter Dictum

A

statement made by the judge but not part of their reason

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15
Q

What is a tort

A

A wrongful act or infringement of right leading to a legal liability

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16
Q

Defences to torts-Statutory authority

A

An organisation established by an act of Parliament to make rules and regulations in a particular area

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17
Q

Defence to tort-NECESSITY

A

general defence that allows a person to harm another to prevent greater harm.

18
Q

Defence to tort-SELF DEFENCE

A

When your life is in danger you can kill another in self defence.

19
Q

Elements need to prove negligence

A

Duty of care has been breached
Breach of duty
Damage has occured

20
Q

Civil Jurisdictions in Magistrates

A

Claim up to including 100,000 &; 10,000 arbitration

21
Q

Civil jurisdictions in County & Supreme

A

Unlimited

22
Q

Mediation

A

Guides discussion with the parties
Ensures both sides are heard
Encourages parties to reach an outcome

23
Q

Strength of Mediation

A

Ensures that both parties have en equal opportunity to discuss and exchange information
Ensures that one party does not become too overpowering and dominant

24
Q

Weaknesses of Mediation/Conciliation

A

One party may be dominant

If matter is not resolved it may go on further

25
Q

Conciliation

A

The conciliator suggest a solution to the dispute

26
Q

Strength of conciliation

A

Less formal than court

Cheaper as no legal rep is needed and no court cost and is quicker than court

27
Q

Arbitration

A

Encourages the parties to reach a settlement themselves but if they do not a binding decision will be made

28
Q

Strength of arbitration

A

Quicker and cheaper as no legal rep is needed and no court cost
A binding decision will be made

29
Q

Weaknesses of arbitration

A

Not good if an ongoing relationship exists

30
Q

Judicial Determination

A

A judge or magistrate listens to both sides of the story and ensures rules of evidence and procedures are followed.

31
Q

Strength of Judicial Determination

A

Binding decision

If a party is not satisfied, they have a option to appeal

32
Q

Weaknesses of Judicial Determination

A

Costly as it requires legal rep

Time consuming

33
Q

Purpose of pre trial procedures

A

So the defendant is clearly informed of the legal action being taken and the remedy being sought by the plaintiff.

34
Q

Discovery

A

A demand of either party to see the documents of either party

35
Q

Interrogations

A

Questions that are answered by either sides under oath

36
Q

Remedy

A

A form of compensation for someone who has has their rights breached

37
Q

Injuction

A

A court order from compelling a person to do something

38
Q

Damages- Specific

A

Monetary award of damages that can be stated in the exact amount as they are easily measured

39
Q

Damages- General

A

A monetary award that is estimated by the court

40
Q

When a court deals with precedent, what are the four methods they can use when deciding whether to follow it?

A

Disapproving, reversing, overruling and distinguishing

Legal Studies (8 decks)

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