Civil Law and the Courts

Question 1

What is a civil case/civil dispute?

Answer 1

A dispute between 2 individual parties

Question 2

What is the purpose of civil law?

Answer 2

To protect the rights of individuals and return the “”wronged party” to their original position

Question 3

What are the 2 areas of civil law?

Answer 3

Contract & civil law

Question 4

What is contract law?

Answer 4

This involved an agreement entered into with the intention of being legally binding

Question 5

What is tort law?

Answer 5

This involved a person/party doing a “civil wrong” to another.

Question 6

What is the Magistrates Court’s jurisdiction in civil cases?

Answer 6

Minor disputes (such as where the amount of money does not exceed $100,000).

Question 7

What is the County Court’s jurisdiction in civil cases?

Answer 7

All civil disputes involving an unlimited amount of money, including:
- negligence cases.
- Defamation cases.
- Claims made for workplace and motor vehicle injuries.

Question 8

What is a negligence case?

Answer 8

Where one party believes that another has carelessly breached their rights.

Question 9

What is a defamation case?

Answer 9

Where one party has made false and damaging remarks about another

Question 10

What is the? 3rd? Type of cases that the Count Court hears?

Answer 10

Claims made for workplace and motor vehicle injuries

Question 11

What is the tort law: defamation?

Answer 11

This involved damage to a persons “good name and reputation”

Question 12

What is the tort law: trespass (to the person & property)

Answer 12

This involves touching a person/entering a person’s property without permission

Question 13

What is the tort law: negligence?

Answer 13

Is where a person owed “duty of care” toward their “neighbour.” If this duty is breached, a person is considered legally negligent.

Question 14

What is the tort law: nuisance?

Answer 14

This protects a persons right to enjoy their property without interference from others.

Question 15

What is the Plantiff?

Answer 15

The person/party claiming to have been wronged

Question 16

What is the defendant ?

Answer 16

The person who is being complained about

Question 17

What are the 2 possible outcomes of a civil case?

Answer 17

-Liable: a finding for he plantiff
-Nit liable: a finding for the defendant

Question 18

What are some remedies the plaintiff may be awarded

Answer 18

• damages/compensation
• court order for specific performance
  -apology

These aim to return the plaintiff to their ‘original position’ and compensate the plaintiff for their losses.

Question 19

What are nominal damages?

Answer 19

Where a plaintiff may have nit suffered a significant loss, but it is important to award damages as a matter of principle

Question 20

What are exemplary damages?

Answer 20

Awarded where the court intends to make an example of the defendant as punishment

Question 21

What’s re contemptuous damages?

Answer 21

Awarded when the plaintiff may have a valid claim, but the court is not sympathetic to the matter

Question 22

What are aggravated damages?

Answer 22

Awarded when the court wished to chose disapproval of the defendants reckless disregard for the plaintiffs wellfair.

Question 23

What are specific damages?

Answer 23

Damages that can be accurately assessed (physical injury, exoences, ect.)

Question 24

What are general damages?

Answer 24

Amounts of compensation that cannot be accurately measured (suffering,loss of enjoyment of life)

Question 25

What is order of specific performance

Answer 25

Usual remedy for breach of contract where the courts orders the party at fault to carry out the terms of a contract,

Question 26

What is a recession order?

Answer 26

When a party has breached their terms of a contract, they may wish to be relieved of the obligations under the contract. The result of an order of recession is that both parties are returned to their original position before the contract was made (e.g. faulty goods)

Question 27

What will happen is a court order is ignored?

Answer 27

The offending party will be in contempt of court (criminal)