Legal studies

Question 1

Tort

Answer 1

a wrongful act or an infringement of a right (other than under contract) leading to legal liability.

Question 2

Defamation

Answer 2

is a type of tort that involves the action of damaging a person’s personal or professional reputation in the community through the communication of false and untrue statements or information.

Question 3

Rights protected by defamation laws

Answer 3

• the right to freedom of expression
• the right to be considered of good character and reputation
• that right to have that reputation protected by placing limits on freedom of expression
• the right of reputation of whose been harmed to seek effective and fair remedies
• the right to quick and effective method of resolving a dispute in relation to defamation

Question 4

four elements to establish defamation
PUDD

Answer 4

• The statement
  is defamatory
• The statement
  is untrue
• The statement refers to
  the plaintiff
• The statement has been published by the defendant

Question 5

limitations of action

Answer 5

a cause of action for defamation may apply to a court for an order extending the limitation period.
A court may extend the limitation period by up to three years from the date of the publication of the allegedly defamatory material.

Question 6

defence to defamation

Answer 6

• justification
• contextual truth
• absolute privilege
• ppd
• fair report of proceedings of public concern
• qualified privilege
• honest opinion
• innocent dissemination
• triviality

Question 7

impact on plantiff

Answer 7

• loss of reputation
• emotional impact

Question 8

civil law

Answer 8

an area of law that defines the responsibilities of individuals groups and organisations in society and regulates private dispute

Question 9

civil liability

Answer 9

the legal responsibility of a party for loss or harm caused to another party because of a breach of law

Question 10

civil law aims to

Answer 10

. Achieve social cohesion
. protect the rights of individuals
. provide a means to seek compensation
. provide an avenue to seek compensation

Question 11

civil law achieves its purpose

Answer 11

. establish the law
. decide the law
. enforce the law

Question 12

types of law

Answer 12

. defamation
. trespass
. negligence
. nuisance

Question 13

key concepts in civil law

Answer 13

.breach ( defendant) - failed to observe
. loss ( plaintiff) - obtain legal remedy

Question 14

BOP

Answer 14

Is the obligation of a party to prove their case

Question 15

SOP

Answer 15

The standard of proof is the degree or extent which a case must be proven

Question 16

Plaintiffs in a civil dispute

Answer 16

.aggreved party - rights infringed
. other victims
. insurers

Question 17

defendants in civil dispute

Answer 17

. wrongdoer
. employers
. insurers

Question 18

Negligence

Answer 18

failed to take reasonable care that was due to another when it wasn’t reasonable forseeble

Question 19

elements of negligence

Answer 19

. duty of care
. breach
. causation
. loss, injury, damage

Question 20

defences to negligence

Answer 20

. defences to not establish the four elements
. contributory negligence
. assumption of risk

Question 21

impact on defamation

Answer 21

plaintiff:
- loss of reputation
- unemployment
- loss of wages
defendant:
- cost
- need to sell assets
- public humiliation

Question 22

social cohesion

Answer 22

The term used to describe the willingness of members of society to cooperate with each other in order to survive and prosper

Question 23

principle of justice

Answer 23

equality: to be treated with equal opportunity
access: to understand their legal rights and pursue their case
fairness: to be treated with impartialment

Question 24

Characteristics of an effective

Answer 24

for society to function properly and for there to be social cohesion, laws must be effective:
- C lear and understood
- A cceptable
- K nown
- E nforcable
- S stable

Question 25

Source of laws statue of law

Answer 25

statue law is made by parliament, before the bill is passed down it must be passed by bothn houses of parliament

Question 26

source of laws common law

Answer 26

common law is made by judges through decisions made in cases. courts can makes laws by statutory interpretation

Question 27

criminal law

Answer 27

an area of law that defines behaviours and conduct that are prohibited (crimes) and outline sanctions for people who commit them

Question 28

crime

Answer 28

an act or omission that is against an existing law: -harmful to an individual - punishable by law

Question 29

precedent

Answer 29

a principle established in a legal case that is followed by courts in cases where the material facts are similar. they can be binding ( have to obey) or persuasive ( can be relevant even though is not binding)

Question 30

ratio decidendi

Answer 30

"the reason" the legal reasoning behind a judges decision. forms the binding part of precedent

Question 31

sue

Answer 31

the civil action against another person, claiming they infringed some legal rights

Question 32

common law elements

Answer 32

precedent- legal precedents are made through court decisions obiter dictum- "by the way" comments made by the judges in particular stare decisis- " let the decision stand"

Question 33

develop or avoid precedents RODD

Answer 33

R everse- can reveres when taken to a higher court O verruling- can be overruled by a higher case D istinguish- if the materials are binding, lower court wont need to follow them D isapproving- in some courts are bound by a precedent but dont agree with it

Question 34

Relationship between parliaments and courts

Answer 34

statutory interpretation- when judges give meaning to words or phrases in the act of parliament codification- when parliament passes down an act that reinforces and establishes by court Abrogation- when parliament abolishes common law principle influence parliaments- courts influence changes in the law made by parliaments

Question 35

reasons for court hierarchy

Answer 35

appeal- an application to have a higher court review a ruling doctrine- the reasoning for higher courts to follow the law principle

Question 36

beyond reasonable doubt

Answer 36

the standard of proof in criminal cases. this requires the prosecution to prove there is no reasonable doubt.

Question 37

presumptions of innocent

Answer 37

accessory- a person knowingly assists another person who has committed a serious indictable offence accused- a person accused with a criminal offence actus rea- "the guilty act" the physical element of a crime burden of proof- the obligation of a party to prove a case.to prove

Question 38

indictable and summary offences

Answer 38

indictable- the seriousness of a case heard by judge in county or supreme court summary- a minor offence heard generally heard in magistrates court

Question 39

principle offender

Answer 39

a person who has carried out the actus rea guilt act

Question 40

strict liability

Answer 40

when culpability or responsibility for committing a crime can be established without having to prove there was mens rea

Question 41

purpose of criminal law

Answer 41

protect society promote justice protect individuals