Unit 2 - Civil Law

Question 1

Plaintiff

Answer 1

a person brining civil action, whose rights have been infringed. The plaintiff has the burden of proving the case

Question 2

Defendant

Answer 2

A person against whom a civil action is taken in a civil case. The party which has infringed the rights of another individual/group.

Question 3

Balance of Probabilities - standard of proof

Answer 3

is when the actions are based on the likelihood of the event taking place.

Question 4

Liability

Answer 4

determining whether the defendant was responsible

Question 5

Differences between civil and criminal

Answer 5

• initiating action in civil is plaintiff, whereas in criminal it is the prosecution
• likely punishment in civil is compensation, whereas in criminal it is imprisonment, fines and community corrections
• burden of proof in civil is plaintiff, whereas in criminal it is prosecution.
• standard of proof in civil is the balance of probabilities, whereas in criminal it is beyond reasonable doubt

Question 6

Overlap of criminal and civil law

Answer 6

• if somebody commits assault they will be charged with he criminal offence, but they can also be sued by the person who was injured (plaintiff)

Question 7

What are the processes of law making through the courts

Answer 7

• precedent
• court made law/judge made law
• common law

Question 8

ratio decidendi

Answer 8

the reason for the judge’s decision, not the decision itself nor the remedy or sanction

Question 9

Obiter Dictum

Answer 9

• means word by the way, which may act as a persuasive precedent

Question 10

is a decision made by magistrate binding ?

Answer 10

no its is not binding as it is the lowest court within the court hierarchy, but the decision may be persuasive to other magistrate court.