Civil Law Flashcards
(112 cards)
1
Q
Purposes of Civil Law (G.R.A.R)
A
- Provide guidelines for acceptable behaviour
- Protect the rights of individuals
- Provide avenue for people to seek compensation where a breach of civil law has occurred
- Remedy the harm that has been suffered
2
Q
- Provide guidelines for acceptable behavior
A
Establish acceptable and not
Allow harmony and social cohesion
3
Q
- Protect the rights of individuals
A
Key rights are enshrined in civil law
4
Q
- Remedy the harm that has been suffered
A
Provides way to give back to harmed person
5
Q
Civil law
A
An area of law that defines the rights and responsibilities of individuals groups and organisations in society and regulates private disputes
6
Q
Civil liability
A
Legal responsibility of a party, for loss or harm caused to another party because of a breach of civil law
7
Q
Sue
A
Take civil action against another person claiming that they infringed their rights
8
Q
Remedy
A
Any order made by a court (or tribunal) designed to address the civil wrong or breach
9
Q
Types of civil law
A
Contract and tort
10
Q
Contract law
A
Covers the validity and enforceability of contracts made between two or more parties where there is a breach
11
Q
Tort law
A
Literally means wrong
Wrong that interferes with a persons legally protected interest
There are 4 types
12
Q
Four types of tort law
A
Negligence
Nuisance
Defamation
Trespass
13
Q
Negligence
A
When someone owes a duty of care to another person and breaches that duty, causing harm or loss to the other person
14
Q
Trespass
A
When someone interferes with another person land or their goods and that interference causes damage
15
Q
Defamation
A
Publication of material that causes damage to another persons reputation
16
Q
Nuisance
A
Insinuates right of use and enjoyment of both public and private property
17
Q
Parties in civil dispute
A
Plaintiff
Defence
18
Q
Plaintiff
A
Party who makes legal claim against another party
19
Q
Defendant
A
Party who is alleged to have breached a civil law who is being sued by a plaintiff
20
Q
Possible plaintiffs
A
Aggrieved party
Class action
Other victims
21
Q
Aggrieved party
A
party whose rights have been infringed and has suffered loss
can be 1+ ppl
22
Q
Class action
A
seven or more people who have claims against the same party.,
claims are or arise out of the same circumstances
23
Q
Other victims
A
has indirectly suffered as a result of the actions of another party
24
Q
Possible defendants
A
Wrong doer
Employer
25
who plaintiff will sue (the person or company that has directly caused them loss)
Wrong doer
26
Employer
Employer of a wrongdoer may become a defendant bc of the principle of vicarious liability
27
Vicarious liability
someone becomes responsible for the actions of another
28
Persons involved in wrong doing
Aided abetted or procured
Induced or encouraged
Directly or indirectly a party or wrongdoing
Conspired
29
breach
plaintiff must prove been a breach by defendant (fail observation of law or obligation)
30
breach eg contract law
breach agreement-fail to fufill obligation to promise
31
breach eg negligence
obligation or duty of care for plaintiff X complied w
32
causation
defendants actions or omissions caused or resulted in harm suffered by plaintiff
must be casual link intervening act or break in chain-> defendant X responsible
33
loss
economic/financial
personal injury
property
pain suffering
amenity
34
economic/financial loss
loss of wages profit earning capacity or money spent on meds
35
personal/injury
bruises cuts broken bone loss of a limb
36
property
damage to house, clothing or other goods
37
pain and suffering
anguish anxiety or depression
38
ameny
loss on enjoyment of life, hobbies job satisfaction, family life
39
limitation of actions
time period within wronged can sue wrongdoer
ensures disputes resolved effeciently without decreae liablity of evidence
40
limitations act eg
breach of contract law+tort except def+personal injury-6yrs
personal injury-3yrs
defamation-1yr
41
burden of proof
responsibilty or onus of prving facts of a case
lies with plaintiff
42
standard of proof
degree or extent to which case must be proven in court
balance of probablities
43
criminal vs civil ; aim
criminal=protect society
civil= protect individual rights
44
criminal vs civil ; parties
criminal=defence + prosecution
civil=plaintiff + defendant
45
criminal vs civil ; burden of proof
criminal=prosecution
civil=plaintiff
46
criminal vs civil ; standard of proof
criminal=beyond reasonable doubt
civil=balance of probabilities
47
criminal vs civil ; outcomes
criminal=sanction
civil=remedies
48
considerations in resolving civil disputes
is there another way out?
is it likely sucessful?
what will $$ be?
do relationships b/w party need to be maintained eg family, neighbour
is it affordable+worth it?
49
resolution methods
mediation concillation and arbitration
50
mediation
method of resolving disputes that uses third independent party to help disputing parties reach resolution
51
can mediator provide suggestions?
NO
52
can mediator guide conversation?
yes
53
is agreement reached in mediation binding?
no unless a terms of settlement is signed
54
what is a terms of settlement
doc that sets out terms on which parties agree to resolve their dispute
confidential
55
are mediators generally experts in area of dispute?
no
56
concillation
method of resolving disputes that uses independent third party to help disputing parties reach resolution
57
conciliators
same as mediators BUT provide suggestions and are experts in area of law which dispute is
58
strengths of mediation + concillation
desicions are more likely to be followed bc reached by parties themselves
saves time+$$
parties assisted by impartial third party
59
weakness of conciliation and mediation
both parties must be willing to participate for success
not binding so X have to be followed
m+c have no power to order parties to come to desicion
60
aribitration
method of dispute resolution in which an independent person is appointed to listen to both sides and make a desicion that is legally binding on parties
61
do individuals have to agree to abide by arbitrators desicion?
yes
62
strengths abritration
cheaper than court
legally binding-> more likely follow
private+confidential> publicity of trial
63
weakness arbitration
+$$ than mediation+ concillation
parties have no control over outcome
not always available in dispute:
a)has to be previously agreed by parties
b)civil claim less than 10k in mag court
64
tribunals
dispute bodies
obtain power to resolve from parliment eg thru state law
low cost, effecient speedy
cant hear all types eg. class action
65
VCAT
victorian civil admistration tribual
66
5 lists of VCAT
Resdential tenancies
administrative div
planning +enviro div
civil div
human rights div
67
applicant
perso who makes application
68
who responds to applicant
respondant
69
VCAT strength
low cost
less formal
no legal rep needed
low wait time
70
courts
dispute resolving body
71
high courts of aus
supreme court vic ->trial div +court of appeal
county court of vic
mag court of vic
fed court of aus
fed circuit and family court of aus
72
role of court
main dispute body hw often last resort
determine liability
determine remedies
73
determing liability
if liable and to what extent
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decide remedy
if liable decide suitable remedy
75
consuemrs
ppl who purchase goods and services
76
vendors
ppl who sell or supply goods or service
77
consumer law
aims to protect consumers and vendors
78
compeition and consumer act 2010
provdes uniformity across aus
79
refunds
a monetary amount typically given to customers dissatisfied with goods or services bought
80
credit
ability of consumer to obtain goods or services before payment basd on trust that payment will be made in the future
81
VCAT resolve disputes
civil claims list hears claims made by BOTH consumer and buisness that claims breach
82
VCAT methods
mediation or compulsory conference (concilation)
if unsucessful or unsuitable method proceedngs to FInal Hearing
83
CAV resolve disputes
provides info about consumer law
conciliate disputes
investigate complains
advise govt ab legislation
84
CAV methods
only consumer initiating
only assist if made reaosnable attemtps to resolve
conciliation no charge
85
tenants
people who pay rent to a landlord for t right to occupy a property
have a temporary right to live in and use the property
86
landlords
owner of a property, like a house or apartment, who rent(or lease) it to someone else, known as a tenant
87
rights of tenants
end rental agreement b4 moving in if X meet minimum standards.
request urgent repairs eg. flooding, gas leak, blocked/broken toilet
88
obligation of tenant
garden neat
property clean
minor maintance eg.light globes
allow landlord access to property 4 inspection
89
obligation of land lord
heating lighting ventilation
locks+windows
cant increase rent more than once in 12 months
unlaw discrimination against prospective tenant
90
VCAT tenants+landlords
residential tenancies list
eg. tenant fail to pay rent or X landlord repair property
91
CAV tenants+landlords
assist tenants complaint against land lord
eg landlord Xgive notice to evict ,X repair property
92
when can u appeal VCAT
legal mistake
93
who speaks first at hearing
applicant
94
purpose of remedies
address a civil wrong or breach. should provide legal solution to the plaintiff
restore party that has suffered loss and damage
restore to their original position
show defendants conduct X acceptable
stop further harm happening
95
damages
amount of money that one party is ordered to pay to another party for loss or harm suffered
most common remedy in civil claim
96
damages types
1.Compensatory-
a)specific
b)gernal
c)aggravated
2.Nominal
3. Exemplary
4. Contemptuous
97
types of Compensatory- damages
specific
general
aggravated
98
specific damges
loss can be calculated objectively and exactly
eg wages
99
general damages
pain and suffering
cannot be calculated
eg X enjoy hobbies/life
100
aggravated damages
defendants conduct caused humiliation and insult to plaintiff
101
nominal damage
defendant has infringed on plaintiffs right h/w no loss to plaintiff, court recognises technical breach and plaintiff has been wronged
102
exemplary damages
punitive damages so outrageous that the court seeks to punish the defendant and deter others
103
contemptuous damages
very small amount of money awarded to show that even though the plaintiffs claim succeeded the court disapproves of it in moral terms
104
injuctions
remedy in the form of a court order requiring the defendant to do or not do something
designed to prevent someone from doing harm or to rectify a wrong
105
types of injuctions
restrictive
mandatory
106
mandatory injuctions
compel someone to do a particular act eg. remove something from their property
107
restrictive injunction
stop someone from doing something eg stop a building from being destroyed
108
strength of courts
judges=impartial and make descision based of facts and law
court heirachy allows appeals
formal court process+evidence rules je;p ensure procedural fairness
109
weakness court
formality of process= increase stress
req legal rep -> $$$$
right to appeal is not automatic
110
civil jury
6 random electoral roll
det liability+remedy
(except in damages in defamation)
111
criminal jury
12 electoral roll
culpability determining
112
final hearing
if mediation or compulsory conference X sucessful VCAT sends to final hearing where evidence= presented + 3rd party "member" makes desicion"
