Unit 2 - AOS1 Flashcards
Civil Law
An area of law making that settles disputes between individuals, and allows for wronged parties to seek compensation.
Plaintiff
The party in a civil case that brings a claim forward alleging that their rights have been infringed.
Defendant
The party in a civil case that a claim is brought against; the alleged wrongdoer.
Tort Law
An area of civil law covering ‘wrongs’ (torts) that infringe on an individual’s rights.
Negligence
An area of civil law concerned with breaches of duty of care.
Defamation
A type of tort in which an individual’s reputation is damaged by false claims circulated by another individual.
Nusiance
A tort that causes annoyance or offence to another individual (e.g. playing loud music).
Family Law
An area of civil law under the Family Law Act 1975 that covers divorce, custody, and property distribution.
Contract Law
A area of civil law that covers the contracts between individuals.
Employment Law
An area of civil law that covers disputes between employers and employees.
Consumer Law
An area of civil law which regulates the sale of goods and services. Includes the safety of products.
Burden of Proof
The responsibility of a party to prove the facts in a case; held by the plaintiff in civil law.
Balance of Probabilities
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.
Breach
An infringement on an individual’s rights, or failure to comply with an obligation.
Causation
The direct link between the defendant’s breach and the loss that occurred to the plaintiff.
Loss
Harm experienced by the plaintiff, such a loss of wages, reputation, or enjoyment of life.
Limitation of Actions
The time period within which a plaintiff must bring a civil case forward (e.g. 6 years for negligence).
Scope of Liability
The concept that various people may be responsible for a civil action to different extents.
Aggrieved Party
The person who has directly suffered loss as a result of the defendant’s actions. E.g. got in car accident due to negligence.
Insurers
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.
Right of Subrogation
The right held by a third party (such as an insurance provider) to pursue and collect damages on behalf of another party (the insured).
Vicarious Liability
The responsibility of a business or company for the actions of their employees. (E.g. an employer is liable for bullying in their workplace).
Accessorial Liability
The responsibility of an individual for encouraging or planning the wrongdoing, but not taking part in the wrongdoing itself.
Class Action
A civil proceeding in which 7 or more people have a claim against the same defendant arising out of a similar breach.
Duty of Care
The legal obligation of one individual to look after the safety and wellbeing of another (e.g. teachers caring for students).
Contributory Negligence
A defence to negligence which argues that the plaintiff was partially responsible for the harm that occurred to them. (e.g. not wearing seatbelt)
4 Elements of Negligence
- Duty of care owed by plaintiff
- Duty of care breached by plaintiff
- Harm occurred to defendant
- Breach of duty of care directly caused harm
Volenti non fit injuria (Assumption of Risk)
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)
Remedy
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.
Damages
Money paid by the losing party to the successful party.
Injunction
A court order requiring a party to undertake (mandatory) or refrain (restrictive) from doing an action (e.g. must avoid contacting the plaintiff).
Liability
The responsibility of a party for a wrong or harm that has occurred.
Contextual Truth
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)
Absolute Privilege
The immunity granted to parliament, courts, and tribunals to avoid being sued for defamation.
Public Interest
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).
Innocent Dissemination
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).
Honest Opinion
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).
Publication of Public Documents
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).
Exceptions to Duty of Care
- Waivers
- Food donations
- Good Samaritan
- Volunteers
Purposes of the Limitation of Actions
- Ensures quick resolution of cases
- Preserves reliability of evidence (e.g. witnesses forget events that occurred 20 years ago)
Specific Damages
Money aimed to compensate the plaintiff for an exact amount lost (e.g. paid $200,000 on a medical bill)
General Damages
Money aimed to compensate for general pain and suffering.
Aggravated Damages
Money aimed to compensate for humiliation or insult caused by the civil wrong.
Elements of Defamation
- Statement is Defamatory
- Statement is Untrue
- Statement Refers to the plaintiff
- Statement is Published Publicly
- Statement Caused or is Likely to Cause Harm
Criteria for Class Action
- 7 or more plaintiffs
- claim against same defendant
- claim relating to same or similar wrongdoing
Purposes of Civil Law
- 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
