Unit 3 AOS 2 Part 1

Question 1

Civil Law

Answer 1

• Deals with disputes between individuals, groups, or bodies.
• Civil disputes arise when a party’s rights have been infringed by the acts or omissions of another party.
• A civil dispute can stem from a breach of contract, an act of negligence, an incident of defamation.

Question 2

Aim of Civil Law

Answer 2

• The infringed party may launch a civil action with the purpose of restoring oneself to position prior to infringement of rights.

Question 3

Parties of a Civil Dispute

Answer 3

• Plaintiff: The infringed party who initiates the civil action
• Defendant: Party allegedly in the wrong

Question 4

Remedy

Answer 4

• If court finds in favor of plaintiff a remedy will be awarded.
• One type of a civil remedy is damages (a monetary award).
• Another type of civil damages is an injunction (court order compelling or restricting an action.

Question 5

Civil: Burden of Proof

Answer 5

• Refers to the responsibility of the infringed party having to prove the wrongdoing of the defendant.
• Plaintiff must provide sufficient facts and evidence to prove the wrongdoing of the defendant at trial.
• Insufficient evidence will result in lack of success.
• It is only fair that the initiating party proves the wrongdoing.

Question 6

Civil: Standard of Proof

Answer 6

• The extent to which the wrongdoing of the defendant must be established at trial.
• In a civil matter it is on the balance of probabilities.
• Plaintiff must prove the defendant was more likely than not in the wrong.
• Civil s.o.p is demanding, substantial evidence is needed (fairness).