Chapter 5- Civil law

Question 1

Balance of probabilities

Answer 1

Standard of proof in a civil case

Question 2

Binding precedent

Answer 2

Decision of a higher court that must be followed by lower courts in the same hierarchy

Question 3

Common law/case law/ judge-made law

Answer 3

Decisions made by judges that form part of the law

Question 4

Court hierarchy

Answer 4

• ranking of courts according to the seriousness of the matters they deal with

Question 5

Damages

Answer 5

Civil remedy (an order of a court)
Aims to compensate the person who has been wronged for the injury or loss suffered.

Question 6

Defamation

Answer 6

Written or verbal statements that lower a persons reputation in the eyes of the community.

Question 7

Defendant

Answer 7

Person against whom a civil action is taken.

Question 8

Disapprove

Answer 8

When a court expresses disapproval of a previous precedent but is still bound for it.

Question 9

Distinguish

Answer 9

When a court decides that the material facts of a case are sufficiently different to a precedent to make the precedent not binding on that court

Question 10

Doctrine of precedent

Answer 10

Common law principal by which the decisions of higher courts in a hierarchy are binding on lower courts in the same hierarchy where the material facts are similar.

Question 11

Duty of care

Answer 11

A legal obligation
- to avoid causing harm to a person or group where harm is
REASONABLY FORESEEABLE if care is not taken.

• proximity between two people must exist in order for duty of care to exist.

Question 12

Injunction

Answer 12

A civil remedy,

Court order that stops someone from doing something

Or

Compels someone to do something

Question 13

Jurisdiction

Answer 13

Kabul authority or power