Unit 3 AOS 2 Civil Law - 3.2.1 Civil concepts

Question 1

Burden of proof in civil law

Answer 1

The party initiating the claim has the responsibility of proving the facta against the defendent - plaintiff has the burden

Question 2

Standard of proof in civil law

Answer 2

The standard refers to the strength of evidence needed to prove the facts of the case. The standard is on the balance of probability - more probable than not that the defence is liable

Question 3

3 Relevant factors that need to be considered during civil trials

Answer 3

Cost
Enforcability
Limitation of actions

Question 4

C

Cost as a factor of civil justic system

Answer 4

The cost of initiating a civil clain needs to be considered

Cost of legal representation, disbursements and adverse legal costs can mean that people may able to afford pursue a civil claim or afford legal rep. May have to self represent

Question 5

Example of Costs

Answer 5

Daily mediatino fees - average at $300
First day of trial fees - $571.60

Question 6

Limitation of actions as a factor in civil law

Answer 6

The plaintiff must bring their claim to court within a limitation period (time limit to make the claim)

Question 7

Reasons for a limitation period

Answer 7

Evidence is still relevant
People can still remember what happened
Disputes can be resolved quickly

Question 8

Examples of limitation of period

Answer 8

Personal injury - 3 years
Defemation - 12 months
No limitation for sexual offence

Question 9

Enforcement issues as a factor of civil claim

Answer 9

Enforcement refers to the ability of the defendanto be able to pay the remedies they have been charged with