Exam 1 Flashcards
(26 cards)
Definition of Civil Law?
the law established to define the rights and responsibilities of individuals, government entities, and private or non-government organisations, in their interactions with each other.
Definition of Contract Law?
the body of law which governs the legal rights and obligations entered into between two or more parties making an agreement.
Definition of Precedent?
the process of the ratio decidendi, unless they can be distinguished.
Definition of Tort law?
the body of law which governs the legal relationship between a person who causes an actionable wrong to another person thereby causing that person damage and loss
Definition of Ombudsman
Queensland statutory public office which receives complaints, oversees the public service, detention services, and reports to Parliament
Definition of Standard of proof in civil law
the degree to which a party must convince or satisfy the judge or a jury that an alleged fact, or series of facts necessary to prove a claim did actually occur.
Definition of Onus of proof
the responsibility carried by a party to a court hearing to convince the judge or jury that what is being said is true.
Definition of Balance of probabilities
the judge or jury must be satisfied that the majority of evidence favours the conclusion that the plaintiff’s claim is more credible than the defendant’s claim.
What is a dispute?
The potential for a dispute begins with a person (the aggrieved party) believing that he or she has been wronged in some way by another person (the wrongdoer)
What does ‘Lumping’ the grievance mean?
Lumping the grievance means although a situation may be frustrating, its not seen as worth it so an individual moves on.
What does Exit and avoidance mean?
Exiting and leaving a situation and avoiding it to prevent it from re occurring.
What does Redirecting mean?
You may redirect the cause of the problem by deciding that it wasn’t someone’s fault, on to someone else which caused a chain of events.
What does Naming, blaming and claiming mean?
Speaking of a situation you have named it, blaming someone for the cause and claiming a solutions. If they disagree, this is a dispute.
What does Negotiation mean?
Negotiation means alternatives will be discussed, compromising to find a solution.
What does Mediation mean?
A mediation is a dispute which is resolved through the third party individual.
What does Expert determination/case appraisal
mean?
Expert determination is when professional advice is seeked, to assist in finding a resolution.
What does Arbitration mean?
Arbitration is when an arbitrator finalises a decision which all parties abide by.
What does Adjudication by a court or tribunal mean?
Adjudication is having a third person impose a decision to take the matter to a court or tribunal for a formal hearing. An adjudication is then made, which means that the judge, or magistrate will impose a decision on both parties who will usually be legally required to abide by it.
What does Alternative dispute resolution (ADR) mean?
phrase or term used to quickly identify
those dispute resolution processes that do not require adjudication by a judicial officer.
What does Case appraisal mean?
where an assessment is made of the merits of each party’s case by a relevant expert, who decides the dispute, and files a written decision in the court.
What does Contract mean?
a valid contract is an agreement made between two or more parties that creates legal rights and obligations which the law will enforce.
Meaning of Offer?
An offer is a proposal by one party to enter into a legally binding contract with another.
Acceptance meaning?
acceptance occurs when the party to whom an offer is made (offeree) agrees to the proposal of the person making the offer (offeror).
What does Consideration mean?
the gain or benefit given by each party to a contract to the other in return for something of value.
