3.2.1 Key Principles in the Civil Justice System

Question 1

define the plaintiff

Answer 1

Plaintiff the party that initiates a
civil claim against another person,
the defendant, in court.

Question 2

define the defendant

Answer 2

Defendant the party that is defending
themself against a claim by another
person, the plaintiff, for an alleged
breach of civil law.

Question 3

define the burden of proof

Answer 3

Burden of proof the responsibility
of a party to prove the facts of a case.

Question 4

define the standard of proof

Answer 4

Standard of proof the degree to which
the facts of a case must be proven
in court.

Question 5

define the balance of probabilities

Answer 5

the standard
of proof in civil cases that requires the
plaintiff to establish that their version
of the facts is more likely to be correct,
and the defendant is most likely liable.

Question 6

What is the difference in the burden of proof between criminal and civil law?

Answer 6

Criminal: Burden lies with the prosecution.
Civil: Burden lies with the plaintiff.
In both, the party bringing the case must prove their claim

Question 7

What is the difference in the standard of proof between criminal and civil law?

Answer 7

Criminal: Beyond reasonable doubt – very high level of certainty.
Civil: On the balance of probabilities – more likely than not (just over 50%).