L3: Key Concepts of Civil Law

Question 1

Burden of Proof?

Answer 1

The responsibility of proving the facts of the case.
Initial case-
In civil law, the burden of proof rests with the plaintiff, this means that they must present evidence to establish the elements of the civil wrong.

Question 2

Burden of Proof (counterclaims)?

Answer 2

This is a seperate claim made by the defendant in response to the plaintiff’s claim, asserting that it is the plaintiff who is actually at fault.
They have independent procedural existence (not a defence) if the plaintiff’s action is struck out by the court, the defendant’s counterclaim will live on.
The defendant has the burden of proof in relation to proving the elements of the counterclaim.

Question 3

Standard of Proof?

Answer 3

The degree to which the case must be proven in court. In civil law, the plaintiff must prove that the wrongdoing occurred on the balance of probabilities. This mean that the plaintiff’s version of events is more like than not to have occurred that the defendants version of events.

Question 4

Limitation of Actions?

Answer 4

(Limitations of Actions Act 1958 VIC)
The restriction on bringing a civil law claim after the allowed time. for almost all civil claims, there is a time period within which the aggrieved party can sue the wrongdoer.
PURPOSE-
-to ensure civil cases are resolved in a timely manner
-to ensure reliable evidence is readily available
-to ensure that the defendant does not have a potential case pending for an unlimited mount of time

Question 5

Limitation of Actions Eg?

Answer 5

Defamation~1 yr
Under tort law where there is personal injury~3 yrs
Under tort law where there is no personal injury~6yrs
Breach of Contract~6yrs
the court can grant a time extension depending on the circumstances and the nature of the case
Some civil claims have no time limitation eg. a physical or sexual abuse as a minor.