L3 Key Concepts of Civil Law

Question 1

Burden of Proof

Answer 1

The responsibility of a party to prove the facts of a case. In civil law the burden of proof rests on the plaintiff.

Question 2

Standard of Proof

Answer 2

The degree to which a case must be proven in court. Civil Law: balance of probabilities - more likely than not.

Question 3

Limitations of Actions

Answer 3

The restriction on bringing a civil law claim after the allowed time.

Question 4

Purpose of LoA

Answer 4

• Ensure civil cases are resolved in a timely manner
• Ensure reliable evidence is readily available
• Ensure that the defendant does not have a potential case pending for an unlimited amount of time

Question 5

LoA law

Answer 5

Limitations of Actions Act 1958 Vic
- Defamation - 1 year
- Under tort law where there is personal injury - 3 years
- Under tort law where there is no personal injury - 6 years
-Breach of contract - 6 years