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Legal studies Flashcards

1
Q

Tort

A

a wrongful act or an infringement of a right (other than under contract) leading to legal liability.

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2
Q

Defamation

A

is a type of tort that involves the action of damaging a person’s personal or professional reputation in the community through the communication of false and untrue statements or information.

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3
Q

Rights protected by defamation laws

A
  • the right to freedom of expression
  • the right to be considered of good character and reputation
  • that right to have that reputation protected by placing limits on freedom of expression
  • the right of reputation of whose been harmed to seek effective and fair remedies
  • the right to quick and effective method of resolving a dispute in relation to defamation
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4
Q

four elements to establish defamation
PUDD

A
  • The statement
    is defamatory
  • The statement
    is untrue
  • The statement refers to
    the plaintiff
  • The statement has been published by the defendant
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5
Q

limitations of action

A

a cause of action for defamation may apply to a court for an order extending the limitation period.
A court may extend the limitation period by up to three years from the date of the publication of the allegedly defamatory material.

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6
Q

defence to defamation

A
  • justification
  • contextual truth
  • absolute privilege
  • ppd
  • fair report of proceedings of public concern
  • qualified privilege
  • honest opinion
  • innocent dissemination
  • triviality
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7
Q

impact on plantiff

A
  • loss of reputation
  • emotional impact
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8
Q

civil law

A

an area of law that defines the responsibilities of individuals groups and organisations in society and regulates private dispute

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9
Q

civil liability

A

the legal responsibility of a party for loss or harm caused to another party because of a breach of law

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10
Q

civil law aims to

A

. Achieve social cohesion
. protect the rights of individuals
. provide a means to seek compensation
. provide an avenue to seek compensation

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11
Q

civil law achieves its purpose

A

. establish the law
. decide the law
. enforce the law

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12
Q

types of law

A

. defamation
. trespass
. negligence
. nuisance

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13
Q

key concepts in civil law

A

.breach ( defendant) - failed to observe
. loss ( plaintiff) - obtain legal remedy

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14
Q

BOP

A

Is the obligation of a party to prove their case

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15
Q

SOP

A

The standard of proof is the degree or extent which a case must be proven

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16
Q

Plaintiffs in a civil dispute

A

.aggreved party - rights infringed
. other victims
. insurers

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17
Q

defendants in civil dispute

A

. wrongdoer
. employers
. insurers

18
Q

Negligence

A

failed to take reasonable care that was due to another when it wasn’t reasonable forseeble

19
Q

elements of negligence

A

. duty of care
. breach
. causation
. loss, injury, damage

20
Q

defences to negligence

A

. defences to not establish the four elements
. contributory negligence
. assumption of risk

21
Q

impact on defamation

A

plaintiff:
- loss of reputation
- unemployment
- loss of wages
defendant:
- cost
- need to sell assets
- public humiliation

22
Q

social cohesion

A

The term used to describe the willingness of members of society to cooperate with each other in order to survive and prosper

23
Q

principle of justice

A

equality: to be treated with equal opportunity
access: to understand their legal rights and pursue their case
fairness: to be treated with impartialment

24
Q

Characteristics of an effective

A

for society to function properly and for there to be social cohesion, laws must be effective:
- C lear and understood
- A cceptable
- K nown
- E nforcable
- S stable

25
Q

Source of laws
statue of law

A

statue law is made by parliament, before the bill is passed down it must be passed by bothn houses of parliament

26
Q

source of laws
common law

A

common law is made by judges through decisions made in cases. courts can makes laws by statutory interpretation

27
Q

criminal law

A

an area of law that defines behaviours and conduct that are prohibited (crimes) and outline sanctions for people who commit them

28
Q

crime

A

an act or omission that is against an existing law:
-harmful to an individual
- punishable by law

29
Q

precedent

A

a principle established in a legal case that is followed by courts in cases where the material facts are similar. they can be binding ( have to obey) or persuasive ( can be relevant even though is not binding)

30
Q

ratio decidendi

A

“the reason” the legal reasoning behind a judges decision. forms the binding part of precedent

31
Q

sue

A

the civil action against another person, claiming they infringed some legal rights

32
Q

common law elements

A

precedent- legal precedents are made through court decisions
obiter dictum- “by the way” comments made by the judges in particular
stare decisis- “ let the decision stand”

33
Q

develop or avoid precedents
RODD

A

R everse- can reveres when taken to a higher court
O verruling- can be overruled by a higher case
D istinguish- if the materials are binding, lower court wont need to follow them
D isapproving- in some courts are bound by a precedent but dont agree with it

34
Q

Relationship between parliaments and courts

A

statutory interpretation- when judges give meaning to words or phrases in the act of parliament
codification- when parliament passes down an act that reinforces and establishes by court Abrogation- when parliament abolishes common law principle
influence parliaments- courts influence changes in the law made by parliaments

35
Q

reasons for court hierarchy

A

appeal- an application to have a higher court review a ruling
doctrine- the reasoning for higher courts to follow the law principle

36
Q

beyond reasonable doubt

A

the standard of proof in criminal cases. this requires the prosecution to prove there is no reasonable doubt.

37
Q

presumptions of innocent

A

accessory- a person knowingly assists another person who has committed a serious indictable offence
accused- a person accused with a criminal offence
actus rea- “the guilty act” the physical element of a crime
burden of proof- the obligation of a party to prove a case.to prove

38
Q

indictable and summary offences

A

indictable- the seriousness of a case heard by judge in county or supreme court
summary- a minor offence heard generally heard in magistrates court

39
Q

principle offender

A

a person who has carried out the actus rea guilt act

40
Q

strict liability

A

when culpability or responsibility for committing a crime can be established without having to prove there was mens rea

41
Q

purpose of criminal law

A

protect society
promote justice
protect individuals

cards (6 decks)

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