Unit 2 - AOS1

Question 1

Civil Law

Answer 1

An area of law making that settles disputes between individuals, and allows for wronged parties to seek compensation.

Question 2

Plaintiff

Answer 2

The party in a civil case that brings a claim forward alleging that their rights have been infringed.

Question 3

Defendant

Answer 3

The party in a civil case that a claim is brought against; the alleged wrongdoer.

Question 4

Tort Law

Answer 4

An area of civil law covering ‘wrongs’ (torts) that infringe on an individual’s rights.

Question 5

Negligence

Answer 5

An area of civil law concerned with breaches of duty of care.

Question 6

Defamation

Answer 6

A type of tort in which an individual’s reputation is damaged by false claims circulated by another individual.

Question 7

Nusiance

Answer 7

A tort that causes annoyance or offence to another individual (e.g. playing loud music).

Question 8

Family Law

Answer 8

An area of civil law under the Family Law Act 1975 that covers divorce, custody, and property distribution.

Question 9

Contract Law

Answer 9

A area of civil law that covers the contracts between individuals.

Question 10

Employment Law

Answer 10

An area of civil law that covers disputes between employers and employees.

Question 11

Consumer Law

Answer 11

An area of civil law which regulates the sale of goods and services. Includes the safety of products.

Question 12

Burden of Proof

Answer 12

The responsibility of a party to prove the facts in a case; held by the plaintiff in civil law.

Question 13

Balance of Probabilities

Answer 13

The standard of proof in a civil case, which states that it needs to be more likely than not that the plaintiff wronged the defendant.

Question 14

Breach

Answer 14

An infringement on an individual’s rights, or failure to comply with an obligation.

Question 15

Causation

Answer 15

The direct link between the defendant’s breach and the loss that occurred to the plaintiff.

Question 16

Loss

Answer 16

Harm experienced by the plaintiff, such a loss of wages, reputation, or enjoyment of life.

Question 17

Limitation of Actions

Answer 17

The time period within which a plaintiff must bring a civil case forward (e.g. 6 years for negligence).

Question 18

Scope of Liability

Answer 18

The concept that various people may be responsible for a civil action to different extents.

Question 19

Aggrieved Party

Answer 19

The person who has directly suffered loss as a result of the defendant’s actions. E.g. got in car accident due to negligence.

Question 20

Insurers

Answer 20

Organisations which provide protection from financial loss in certain circumstances (e.g. health insurance pays medical bills). Will seek compensation on behalf of the wronged party.

Question 21

Right of Subrogation

Answer 21

The right held by a third party (such as an insurance provider) to pursue and collect damages on behalf of another party (the insured).

Question 22

Vicarious Liability

Answer 22

The responsibility of a business or company for the actions of their employees. (E.g. an employer is liable for bullying in their workplace).

Question 23

Accessorial Liability

Answer 23

The responsibility of an individual for encouraging or planning the wrongdoing, but not taking part in the wrongdoing itself.

Question 24

Class Action

Answer 24

A civil proceeding in which 7 or more people have a claim against the same defendant arising out of a similar breach.

Question 25

Duty of Care

Answer 25

The legal obligation of one individual to look after the safety and wellbeing of another (e.g. teachers caring for students).

Question 26

Contributory Negligence

Answer 26

A defence to negligence which argues that the plaintiff was partially responsible for the harm that occurred to them. (e.g. not wearing seatbelt)

Question 27

4 Elements of Negligence

Answer 27

1. Duty of care owed by plaintiff
2. Duty of care breached by plaintiff
3. Harm occurred to defendant
4. Breach of duty of care directly caused harm

Question 28

Volenti non fit injuria (Assumption of Risk)

Answer 28

A Latin term meaning “to a willing person, injury is not done”; a defence to negligence which argues that the plaintiff voluntarily accepted the risk. (e.g. injured while playing sport)

Question 29

Remedy

Answer 29

An order made by a court to address a civil wrong, that aims to restore the plaintiff to their original position before the wrongdoing occurred.

Question 30

Damages

Answer 30

Money paid by the losing party to the successful party.

Question 31

Injunction

Answer 31

A court order requiring a party to undertake (mandatory) or refrain (restrictive) from doing an action (e.g. must avoid contacting the plaintiff).

Question 32

Liability

Answer 32

The responsibility of a party for a wrong or harm that has occurred.

Question 33

Contextual Truth

Answer 33

A defence to defamation which argues that the defamatory statement was made in the context of true statements, and does not further damage their reputation. (E.g. falsely saying a driver wasn’t wearing a seat belt when they were also intoxicated before a crash)

Question 34

Absolute Privilege

Answer 34

The immunity granted to parliament, courts, and tribunals to avoid being sued for defamation.

Question 35

Public Interest

Answer 35

A defence to defamation which states that the defendant believed the matter to be of public interest and did not intent malice; aims to protect journalists trying to inform the public. (E.g. reporting on a doctor’s medical malpractice).

Question 36

Innocent Dissemination

Answer 36

A defence used by publishers to argue that they did not know the material contained defamatory statements. (E.g. a library possessing a defamatory book).

Question 37

Honest Opinion

Answer 37

A defence to defamation which states that the defendant was expressing their opinion rather than fact, on a matter of public interest. (E.g. a scathing movie review).

Question 38

Publication of Public Documents

Answer 38

A defence to defamation in which the statement is a copy or extract from a public document, such as a court publication. (E.g. a newspaper reporting on a judge’s comments in a case).

Question 39

Exceptions to Duty of Care

Answer 39

1. Waivers
2. Food donations
3. Good Samaritan
4. Volunteers

Question 40

Purposes of the Limitation of Actions

Answer 40

1. Ensures quick resolution of cases
2. Preserves reliability of evidence (e.g. witnesses forget events that occurred 20 years ago)

Question 41

Specific Damages

Answer 41

Money aimed to compensate the plaintiff for an exact amount lost (e.g. paid $200,000 on a medical bill)

Question 42

General Damages

Answer 42

Money aimed to compensate for general pain and suffering.

Question 43

Aggravated Damages

Answer 43

Money aimed to compensate for humiliation or insult caused by the civil wrong.

Question 44

Elements of Defamation

Answer 44

1. Statement is Defamatory
2. Statement is Untrue
3. Statement Refers to the plaintiff
4. Statement is Published Publicly
5. Statement Caused or is Likely to Cause Harm

Question 45

Criteria for Class Action

Answer 45

• 7 or more plaintiffs
• claim against same defendant
• claim relating to same or similar wrongdoing

Question 46

Purposes of Civil Law

Answer 46

• provide guidelines for acceptable behaviour
• protect the rights of individuals
• provide an avenue for people to seek compensation for civil wrongs
• remedy the harm that has been suffered