UNIT 2 - AOS 1 PRT 1 Flashcards
Difference between civil and criminal law; parties involved and burden of proof…
CIVIL: The plaintiff brings the case to court and the defendant is the opposing party. The plaintiff holds the burden of proof.
CRIMINAL: The prosecution brings the case to court, the accused is the opposing party. The prosecution holds the burden of proof.
Difference between civil and criminal law; standard of proof…
CIVIL: The standard of proof is on the balance of probabilities in a civil case.
CRIMINAL: The standard of proof in a criminal case is beyond any reasonable doubt.
Difference between civil and criminal law; consequences…
CIVIL: In a civil case, consequences include; payment as a form of compensation for damages OR an order for specific performance.
CRIMINAL: In a criminal case, consequences include; jail, fines OR a community corrections order.
What is civil law?
Civil law is the system of law that is concerned with resolving disputes between individuals or groups where rights have been infringed. It is all about the protection of rights.
What is judge-made law?
Judge-made law is when a judge will make laws in a case where there are no existing laws specific enough to the case to put forth. This is also known as case law OR common law.
Define precedent…
Precedent refers to a court decision that is followed by another court lower in the hierarchy.
What is binding precedent?
Binding precedent refers to a decision of a higher court that must be followed by lower courts in the same hierarchy
What is persuasive precedent?
Persuasive precedent refers to a decision of another court that is influential but not binding.
Define overruling…
Overruling refers to when a new case in a higher court creates a new precedent, which means the previous precedent in a different case is no longer available. When a precedent is overruled it no longer applies.
Define reversing…
Reversing refers to when a higher court makes a different decision then a lower court in the same case on appeal. When a precedent is reversed, it no longer applies.
Define distinguishing…
Distinguishing refers to when a court decides that the main facts of a case are sufficiently different so that there is no binding precedent instead they make a different decision.
Define disapproving…
This is when a court expresses disapproval of previous precedent but is still bound. The precedent still exists after disapproval.
Define statutory interpretation…
Statutory interpretation is a process where a judge clarifies or interprets the laws written by parliament.
What is ratio decidendi?
The reason for a decision.
What is orbiter dictum?
Obiter dictum refers to a remark made by a judge in passing the precedent, which is not binding. It is a comment by the way.
