UNIT2 AOS1 - CIVIL LIABILITY CH 6

Question 1

WHAT IS CIVIL LAW?

Answer 1

civil law involves disputes between individuals, groups, etc. It allows those whose rights have been infringed to seek remedies.

Question 2

PURPOSES OF CIVIL LAW?

Answer 2

1/ to restore the individual who suffered loss to their original position before the loss occurred
- achieves social cohesion
- protects the rights on individuals

Question 3

(OTHER) PURPOSES OF CIVIL LAW?

Answer 3

• providing remedies
• establishing guidelines

Question 4

BREACH?

Answer 4

failure to observe a law or obligation imposed on them

Question 5

CAUSATION?

Answer 5

defendants actions resulted in harm suffered and that the harm wouldnt have occured if it wasnt the defendants actions.

Question 6

LOSS?

Answer 6

the plaintiff must be suffered harm or loss

Question 7

TYPES OF CIVIL LAW?

Answer 7

• negligence law
  -defamation law

Question 8

DEFAMATION OF LAW?

Answer 8

legal concept that refers to false statements about an individual to a third party that harms ones reputation

Question 9

LIMITATION TO ACTIONS:

Answer 9

all civil claims have a period of time in which action can be taken

Question 10

BURDEN OF PROOF?

Answer 10

also known as onus proof, is the person who has the responsibility of proving a case (prosecution to bring the evidence into the case to prove the accused guilty)

Question 11

STANDARD OF PROOF?

Answer 11

The weight or strength or evidence that must be brought.

Question 12

POSSIBLE PLAINTIFFS TO A CIVIL DISPUTE

Answer 12

Aggrieved party: the person’s whose right have been infringed or has suffered loss
Other victims: individuals/groups who has indirectly suffered loss

Question 13

WHO IS A DEFENDANT?

Answer 13

The wrongdoer: when a person has committed a wrong against someone else, they have caused loss of plaintiff.
Insurer: the insurer of the person who has caused loss or damages