Lesson 2 Civil law

Question 1

Civil Burden of Proof

Answer 1

Lies on the party that instigates the case

Question 2

Civil Standard of proof

Answer 2

The plaintiff must proof the defendant is liable on the balance of probabilities (more likely than not)

Question 3

Parties before court proceedings

Answer 3

Aggrieved= person whose rights have been infringed

Wrongdoer=person alleged to have infringed another persons rights

Question 4

Plaintiff

Answer 4

The person whose rights have been infringed and sues another party in court or tribunal.

Question 5

Defendant

Answer 5

The party who is allegedly to have breached a civil law and is being sued

Question 6

Breach

Answer 6

An act or omission that represents a failure to meet a legal obligation

Question 7

Loss

Answer 7

A type of harm suffered by a person. It can involve both economic and non-economic loss.

Question 8

Financial loss

Answer 8

Loss of wages, loss of earning capacity, loss of profits

Question 9

Property damage

Answer 9

Damage or destruction of house, car, clothing etc

Question 10

personal injury

Answer 10

cuts, bruises, broken bones, loss of limb etc

Question 11

pain and suffering

Answer 11

mental anguish, anxiety, depression

Question 12

loss of amenity

Answer 12

loss of enjoyment of life, loss of job satisfaction, loss of family life etc

Question 13

Causation

Answer 13

The direct relationship between the defendant’s breach and the plaintiff’s loss