civil law deck (ch6)

Question 2

What is the civil justice system?

Answer 2

A set of methods, processes, and institutions that provide mechanisms for people to assert their legal rights and resolve civil disputes

Includes dispute resolution bodies and processes such as community legal centres, pre-trial procedures, mediation, and courts.

Question 3

What are the key purposes of the civil justice system?

Answer 3

• Enable a person to enforce their legal rights
• Determine whether the defendant has a liability
• Award a remedy if a defendant is found liable

Question 4

What are pre-trial procedures?

Answer 4

Steps taken by parties before trial to narrow the issues in dispute and resolve the dispute if possible

Includes pleadings, discovery of documents, and mediation.

Question 5

What is a statement of claim?

Answer 5

Filed with the court by the plaintiff, it sets out details of the claims and the remedy the plaintiff is seeking

Question 6

What is the defence in a civil dispute?

Answer 6

Filed by the defendant, it sets out the defendant’s response to each of the plaintiff’s claims

Question 7

What is the discovery of documents?

Answer 7

Where parties get copies of each other’s documents that are relevant to the issues in dispute

Question 8

What does the exchange of evidence involve?

Answer 8

• Lay evidence (memory, etc.)
• Expert evidence (e.g., medical professional giving evidence about a psychological injury)

Question 9

Who is the plaintiff in a civil dispute?

Answer 9

The party who commences a civil action and claims their rights have been infringed or a wrong has occurred

Question 10

Who is the defendant in a civil dispute?

Answer 10

The party who is alleged to have infringed the plaintiff’s rights or is alleged to be responsible for the wrongdoing

Question 11

What is vicarious liability?

Answer 11

The principle that allows an injured party to sue an employer if an employee infringes a person’s rights while acting in the course of their employment

Question 12

How can a child under the age of 18 sue another person?

Answer 12

Through a litigation guardian, usually a parent or guardian

Question 13

What does the burden of proof refer to?

Answer 13

The party who has the responsibility to prove the facts of a case

Question 14

Who bears the burden of proof in a civil case?

Answer 14

The party bringing the case, usually the plaintiff

Question 15

What is the standard of proof in civil cases?

Answer 15

The plaintiff must prove the case on the balance of probabilities

Question 16

Fill in the blank: The plaintiff must prove their version of events is more probable to have occurred than _______.

Answer 16

not

Question 17

What factors should be considered before initiating a civil claim?

Answer 17

• Costs
• Limitation of actions
• Enforcement issues

Question 18

What are disbursements in the context of civil claims?

Answer 18

Fees incurred during the issuance of a claim in court, including court fees and fees for expert witnesses

Question 19

What is an adverse costs order?

Answer 19

If the plaintiff is unsuccessful in a claim, they may be ordered to pay for some of the defendant’s costs

Question 20

What does limitation of actions refer to?

Answer 20

The restriction placed on the time within which a civil action can be commenced

Question 21

What is the purpose of limitation periods?

Answer 21

• Prevents the defendant from facing an action after a significant amount of time
• Ensures evidence is not lost
• Allows disputes to be resolved quickly

Question 22

What are enforcement issues in civil claims?

Answer 22

• Whether the defendant has assets to pay
• If the defendant is uncontactable or in jail
• The need for enforcement proceedings to ensure compliance with a remedy