Balance of Probabilities (Wk8) (U2) Flashcards Preview

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Flashcards in Balance of Probabilities (Wk8) (U2) Deck (9)
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1

What is civil law?

Civil law deals with private disputes between individuals or groups. Is a type of non-criminal law.

2

How is civil law different to criminal law?

- The standard of proof is lower.
- Involves private disputes
- Civil juries have 6 members
- Those guilty of a cvili breach generally pay compensation.

3

Where does the onus of proof lie?

The Plaintiff

4

What is the standard of proof?

Balance of probabilities

5

What is the purpose of civil law?

To protect an individuals rights

6

Give 3 examples of a civil law matter.

- Breach of contract
- Negligence
- Defamation
- Trespass

7

What is a tort?

A civil wrong, other than a breach of contract, which causes personal injury, property damage or financial loss for which the innocent party usually claims damages.

8

How is Tort law different to Contract law?

- A contract is created as the product of two consenting parties.
- A tort needs no consent and is typically issued by one party against another.

9

What are the different types of torts?

- Negligence
- Defamation
- Nuisance
- Trespass