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Flashcards in 5) Civil Law Deck (36):
1

Define: Binding Precedent

-decision of a higher court must be followed by lower courts (same hierarchy)

2

Define: common law/case law/judge-made law

-decision made by judges that forms part of law

3

Define: Court Hierarchy

-ranking of court according to seriousness of matter they deal with

4

Define: Damages

-civil remedy; which aims to compensate for loss

5

Define: Defamation

-written/spoken statement that lowers a persons reputation

6

Define: Defendant

-person who's against civil action is taken

7

Define: Disapprove

-when court expresses disapproval of decision (but can't change)

8

Define: Distinguish

-when court believes that the matter of the case are not binding to a precedent

9

Define: Doctrine of Precedent

-common law principle; by which lower courts are binding to higher courts precedent

10

Define: duty of care & when does a person owe this?

legal obligation to avoid causing harm to a person
-risk was foreseeable
-risk was significant
-reasonable person would have taken precaution

11

Define: Injunction

civil remedy, that stops someone from doing something

12

Define: Jurisdiction

Lawful authority of a particular court

13

Define: Negligence

Doing or not doing something in certain circumstances which causes harm to another person

14

Define: Neighbour principle

Used in negligence cases; to determine if duty of care was owed

15

Define: Obiter Dictum

remark made in passing by a judge (doesn't effect decision on case)

16

Define: Order of specific performance

civil remedy; that requires someone to perform a specific act

17

Define: Overrule

new case in a higher court, creates precedent= old precedent not valid

18

Define: Persuasive Precedent

-decision of another court that is persuasive but not binding

19

Define: Plaintiff

Person bringing a civil action

20

Define: Precedent

Court decision that is followed by lower courts

21

Define: Private Nuisance

Act or omission that unreasonably interferes with use of land

22

Define: Public Nusiance

Act or omission that interferes with comfort of a number of people

23

Define: Ratio Decidendi

reason for a decision

24

Define: Remedy

A way in which a court will enforce punishment or in force a right

25

Define: Reverse

Higher court makes a different decision on the same case on appeal

26

Define: Satute

Act of Parliament

27

Define: Sue

Start a civil proceeding against another person

28

Define: Tort

A civil wrong

29

Define: Trespass to goods

Direct interference of a person to another's goods

30

Define: Trespass to person

Assault, battery or false imprisonment of a person

31

What is Civil Law?

Deals with disputes between parties; whose rights have been infringed

32

Define: Balance of Probabilities

Standard of proof in a civil case

33

Types of Civil Law:

-tort law
-family law
-consumer law
-property law
-workplace law

34

Alternative methods to resolve civil disputes;

-mediation
-conciliation
-arbitration

35

Civil Cases

-plaintiff
-defendant
-on balance of probabilities
-remedies_ damages or order of performance
-pre trial_ pleadings, direction hearings & discovery
-action=sue

36

Relationship between Civil & Criminal Law;

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