Unit 2 AOS 1 Flashcards
Explain the purposes of civil law
Civil law enforces and protects the rights of indviduals to achieve social cohesion and provide a means to seek compensation.
Explain the types of civil law
The different types of civil law consist of:
Contract law: Aims to ensure people who make promises under a contract stick to their promises
Negligence laws: Aims to ensure that people who owe reasonable duties of care to eachother do not breach them
Laws relating to wills: aims to provide a consistent set of rules about the way a persons will must be carried out
Nuisance Laws: Recognise that people should have the right to enjoy and use their land free from interference or annoyance
Defamation Laws: Aims to ensure that a persons reputaion is no tharmed because of false staements that are made
Family Law: Guides the decisions around the care of children and the division of assets when families have broken down
Employment Law: Protects a persons right in the workplace in relation to pay, conditions, discrimination and termination of employment.
Explain the key concepts of civil law including: Breach, causation, loss, limitation of actions, burden of proof, and standard of proof
Breach: To break, violate or fail to perform your obligations under civil law
Causation: The requirement that a plaintiff prove that the actions of the defendant caused or resulted in the harm suffered by the plaintiff.
Loss: A negative consequence of the breach suffered by the plaintiff, can include emotional, physical or financial suffering
Limitation of actions: Refers to the amount of time that is allowed to pass before a potential claim can no longer bring legal action
Burden of Proof: In a civil case,m the burden of proving the allegation lies with the plaintiff
Standard of Proof: In a civil case the standard of proof is a balance of probablities, this means that the allegation is “more probable than not”
Identify possible plaintiffs and defendants to a civil dispute
Possible plaintiffs:
Aggrieved party
Other victims (family/witnesses)
Class action
Insurers
Possible defendants:
The wrongdoers
The employeer
Other persons involved in wrongdoing
Insurers
In relation to defamation describe the rights protected by the law, the elements required to establish liability, limitation of actions, possible defences, possible remedies, and the impact of the breach on the parties.
Rights:
Elements:
* The defendant communicated a statement to a third party (publication)
* the publication was about the plaintiff
* The statement can be seen as defamatory by “right thinking people”
Limitation of actions:
Possible remedies:
Impact of the breach on parties:
