Civil Law Flashcards
(22 cards)
Civil remedy is:
An outcome of a civil dispute awarded by the court to the successful party
Out of court settlement is:
An agreement reached between parties in a civl matter without to go to court
What is compensation?
Is a financial payment by a defendant to a plaintiff for injury or damage suffered
What is a Burden of Proof?
- Refers to who has of role of proving a vase in court
- In a civil case the PLAINTIFF has this role
What is a balance of probabilities?
- The standard of proof required in a civil case.
- The plaintiff must show that the defendant was most probably in the wrong
Civil wrong is:
Conduct identified as unlawful in civil law
What is Jurisdiction?
The power of a court to hear matters
Jurisdiction can be limited
Eg. By reference to particular cases, money limits or geographical restraints
What are the two types of Jurisdiction?
- ORIGINAL jurisdiction
- APPELLATE jurisdiction
What is Original jurisdiction?
The ability of a court to hear cases that has originated in that court for the first time as opposed to appeal cases.
What is Appellate jurisdiction?
The jurisdiction of a court when it hears an appeal case
What is an appeal?
- A request to a court to review a decision made by a lower court depending on the courts involved
It may be in the form of a rehearing or it may examine a point of law raised in the original trial - NO right to appeal to the high court, special leave from the high court is required to have an appeal heard
What is Unlimited and Limited Jurisdiction
- UNLIMITED jurisdiction: court does NOT have any restrictions on the amount of damages claimed or the type of civil case heard
- LIMITED jurisdiction: The court whose civil powers are restricted to a specified amount of damages
Arbitration:
Is the process of resolving a dispute by an independent third party who makes a decision that is binding on the parties
What is a precedent?
A principle of law established by a court in the process of resolving a dispute
What are the two types of precedent?
- BINDING precedent
- PERSUASIVE precedent
What is a binding precedent?
A precedent created by a higher court that must be followed by all lower courts in the same court hierarchy
What is a persuasive precedent?
A decision that is NOT binding, but can influence a decision or be used a guide
Common law is:
Is laws made by courts, also referred to as a case law or judge made law.
What is Stare decisis:
To stand by decisions already made.
It is the basis of the doctrine, a belief or set of beliefs, of the precedent
What are the Superior courts?
- High court
- Supreme Court
- Court of appeal
When can judges make law?
When there is no relevant or current law to help them ie the judges, settle a dispute
Which court make law?
Highcourt
