LEGAL STUDIES REVISION Flashcards
Civil law (17 cards)
Identify what the burden of proof is
In civil matters, the burden of proof is the obligation of the party to prove their case
Who bears the onus of proof in civil matters?
The burden of proof rests with the party who initiates the action. So usually the plaintiff in a civil law case.
Identify the aim of Civil law
The primary aim of civil law is to provide remedies for individuals or entities who have been wronged or suffered harm by another party.
Identify the 3 essential elements of negligence.
Duty of care
Breach of duty care
Causation
Injury, loss, or damage
Identify the 3 essential elements of defamation.
Publication
Identification
Harm
What is a civil liability?
the legal responsibility of a party
Define negligence
When a person behaves in a reckless manner resulting in an injury to another.
What are the 3 types of torts?
Intentional torts
Negligent (Unintentional) torts
Strict liability torts
Define defamation
the publication of material that causes damage to another person’s reputation
Define the standard of proof
the degree or extent to which a case must be proved in court.
Define defendant
The person or entity who is accused of something and is being sued in a court of law.
Define plaintiff
The person who files a lawsuit against another person or entity, seeking a legal remedy for a problem.
Remedies the plaintiff seeks in case studies
A financial remedy, damage, specific performance
Provide 3 examples of each specific tort
Intentional torts: Trespass, Assault, Battery
Negligent torts:
Unreasonable actions, Running a red light, drunk driving, slip and fall accidents
Strict liability torts:
Product liability, Animal attacks, defamation
Provide civil law case examples
Tort cases, Contract disputes, Family law matters, Property disputes
What is a tort?
A tort is a civil wrong: a wrong that allows the individual who has suffered an injury to take civil action.
Define a precedent
A statement of law made through the courts
