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1

Define Civil law

A civil offence involves the infringement of a legal right of an individual.

2

3 differences between civil and criminal law

1: Jury finds accused guilty or not guilty in criminal wheres as in civil jury finds for one party
2: In criminal a jury of 12 and in civil a jury of 6
3: Criminal apply punishment civil to seek compensation

3

Explain 2 reasons why civil law is needed

To protect the rights of an individual
Seek Compensation

4

Standard of Proof

On the balance of probabilities

5

Burden of proof

Plaintiff

6

When will a jury be used in a civil law matter

When a party request for one and pays for it

7

Strength of Jury in civil trial

A jury of 6 and is made up of ordinary people are not bias
6 people make a decision not just a judge

8

weaknesses of jury in civil trial

Expensive
Jury may not have legal knowledge

9

What is an injuction

A court order for a person to do something or restraining a person from doing something

10

What is a precedent

An example to be followed in the future

11

binding precedent

A dcision made in a higher court and must be followed by lower court or in the same hierarchy

12

Persuasive Precedent

A decision that does not have to be followed by other couts

13

Ratio decidendi

A reason for the decision

14

Obiter Dictum

statement made by the judge but not part of their reason

15

What is a tort

A wrongful act or infringement of right leading to a legal liability

16

Defences to torts-Statutory authority

An organisation established by an act of Parliament to make rules and regulations in a particular area

17

Defence to tort-NECESSITY

general defence that allows a person to harm another to prevent greater harm.

18

Defence to tort-SELF DEFENCE

When your life is in danger you can kill another in self defence.

19

Elements need to prove negligence

Duty of care has been breached
Breach of duty
Damage has occured

20

Civil Jurisdictions in Magistrates

Claim up to including 100,000 &; 10,000 arbitration

21

Civil jurisdictions in County & Supreme

Unlimited

22

Mediation

Guides discussion with the parties
Ensures both sides are heard
Encourages parties to reach an outcome

23

Strength of Mediation

Ensures that both parties have en equal opportunity to discuss and exchange information
Ensures that one party does not become too overpowering and dominant

24

Weaknesses of Mediation/Conciliation

One party may be dominant
If matter is not resolved it may go on further

25

Conciliation

The conciliator suggest a solution to the dispute

26

Strength of conciliation

Less formal than court
Cheaper as no legal rep is needed and no court cost and is quicker than court

27

Arbitration

Encourages the parties to reach a settlement themselves but if they do not a binding decision will be made

28

Strength of arbitration

Quicker and cheaper as no legal rep is needed and no court cost
A binding decision will be made

29

Weaknesses of arbitration

Not good if an ongoing relationship exists

30

Judicial Determination

A judge or magistrate listens to both sides of the story and ensures rules of evidence and procedures are followed.