Unit 2

Question 1

Define Civil law

Answer 1

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

Question 2

3 differences between civil and criminal law

Answer 2

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

Question 3

Explain 2 reasons why civil law is needed

Answer 3

To protect the rights of an individual

Seek Compensation

Question 4

Standard of Proof

Answer 4

On the balance of probabilities

Question 5

Burden of proof

Answer 5

Plaintiff

Question 6

When will a jury be used in a civil law matter

Answer 6

When a party request for one and pays for it

Question 7

Strength of Jury in civil trial

Answer 7

A jury of 6 and is made up of ordinary people are not bias

6 people make a decision not just a judge

Question 8

weaknesses of jury in civil trial

Answer 8

Expensive

Jury may not have legal knowledge

Question 9

What is an injuction

Answer 9

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

Question 10

What is a precedent

Answer 10

An example to be followed in the future

Question 11

binding precedent

Answer 11

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

Question 12

Persuasive Precedent

Answer 12

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

Question 13

Ratio decidendi

Answer 13

A reason for the decision

Question 14

Obiter Dictum

Answer 14

statement made by the judge but not part of their reason

Question 15

What is a tort

Answer 15

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

Question 16

Defences to torts-Statutory authority

Answer 16

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

Question 17

Defence to tort-NECESSITY

Answer 17

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

Question 18

Defence to tort-SELF DEFENCE

Answer 18

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

Question 19

Elements need to prove negligence

Answer 19

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

Question 20

Civil Jurisdictions in Magistrates

Answer 20

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

Question 21

Civil jurisdictions in County & Supreme

Answer 21

Unlimited

Question 22

Mediation

Answer 22

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

Question 23

Strength of Mediation

Answer 23

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

Question 24

Weaknesses of Mediation/Conciliation

Answer 24

One party may be dominant

If matter is not resolved it may go on further

Question 25

Conciliation

Answer 25

The conciliator suggest a solution to the dispute

Question 26

Strength of conciliation

Answer 26

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

Question 27

Arbitration

Answer 27

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

Question 28

Strength of arbitration

Answer 28

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

Question 29

Weaknesses of arbitration

Answer 29

Not good if an ongoing relationship exists

Question 30

Judicial Determination

Answer 30

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

Question 31

Strength of Judicial Determination

Answer 31

Binding decision | If a party is not satisfied, they have a option to appeal

Question 32

Weaknesses of Judicial Determination

Answer 32

Costly as it requires legal rep | Time consuming

Question 33

Purpose of pre trial procedures

Answer 33

So the defendant is clearly informed of the legal action being taken and the remedy being sought by the plaintiff.

Question 34

Discovery

Answer 34

A demand of either party to see the documents of either party

Question 35

Interrogations

Answer 35

Questions that are answered by either sides under oath

Question 36

Remedy

Answer 36

A form of compensation for someone who has has their rights breached

Question 37

Injuction

Answer 37

A court order from compelling a person to do something

Question 38

Damages- Specific

Answer 38

Monetary award of damages that can be stated in the exact amount as they are easily measured

Question 39

Damages- General

Answer 39

A monetary award that is estimated by the court

Question 40

When a court deals with precedent, what are the four methods they can use when deciding whether to follow it?

Answer 40

Disapproving, reversing, overruling and distinguishing