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Flashcards in Civil Law Deck (27)
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1

Use of jury in civil

Only if parties request or pay for one
Jury of 6

2

Define criminal law

An offence against society which is punishable by law

3

Civil law

A civil offence involves the infringement of a legal right of an individual.

4

Purpose of criminal law &Civil law

CRIMINAL: Apply punishment
CIVIL: Provide compensation

5

Parties in criminal law &Civil

CRIMINAL:Prosecution and defendant
CIVIL: Plaintiff and defendant

6

Standard of proof

CRIMINAL LAW: Beyond reasonable doubt
CIVIL LAW: On the balance of probabilities

7

Burden of proof

CRIMINAL LAW: prosecution
CIVIL LAW: plaintiff

8

Use of jury in criminal and civil

CRIMINAL LAW: find the accused guilty or not guilty
CIVIL LAW: for one party

9

Outcomes

CRIMINAL LAW: fine, jail
CIVIL LAW: damages and injunction

10

Statutory interpretation

The process of judges interpreting statutes.

11

Precedent

An example to be followed in the future

12

A binding precedent

A decision made in a higher court that must be followed by courts lower or in the same court hierarchy

12

Persuasive precedent

A decision that does not have to be followed by other courts

12

Define Ratio Decidendi

Is the part of the judgment that is binding. - the reason for the decision

13

Purpose of civil law

Restore victim to the position they were in or as close as possible before the wrong occurred

14

Purpose of criminal law

To keep the society safe by punishing those who break the law

15

Define reversing

When a higher court hears a case appeal and believes the lower court wrongly decided the case

17

Obiter dictum

Statements made by the judge but not part of their reasons.

17

Disapproving decision

A judges statement that they do not believe the precedent is appropriate

19

Define overruling

A case many rely on a legal principle formal in an earlier decision in a Lower court but the higher court may decide not to follow decision

20

Distinguishing decision

A judges decision not to follow a precedent because the facts of the case are different from those in the precedent.

21

Negligence

Conduct that falls below the standard regarded as normal or desirable by the community.
Duty of care
Breach of the duty
Damage

21

Trespass

Includes battery, assault, false imprisonment

22

Consent

A general defence that argues a person suffered harm after having consented to run the risk of being harmed

23

Nuisance

Unlawful interference with the right of a group of people or individual

24

Necessity

A general defence that allows a person to harm somebody to prevent greater harm

25

Statutory authority

An organisation established by an act of parliament to make rules and regulations in a particular area