unit 2 AOS1

Question 1

civil law

Answer 1

defines the rights and responsibilities of individuals, groups and organisations in society and regulates private disputes

Question 2

sue

Answer 2

to take civil action against another person by making a claim that they have infringed some legal right

Question 3

liability

Answer 3

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

Question 4

remedies

Answer 4

orders made by a court to address a civil wrong to restore the plaintiff back to original position either money or injunctions

Question 5

negligence

Answer 5

individuals who owe a duty of care to another person to prevent foreseeable harm from occurring

Question 6

trespass

Answer 6

prevents individuals from interfering with another person, their land or goods

Question 7

nuisance

Answer 7

ensures that individuals can enjoy public and private property without interference or annoyance

Question 8

contract

Answer 8

ensures that people who make promises under enforceable agreements fulfil those promises or compensate the other party if they fail to comply

Question 9

defamation

Answer 9

protects a person’s reputation from being damaged by lies that are shared by the public

Question 10

purposes of civil

Answer 10

provide guidelines for acceptable behaviours so that people uphold each others rights and social cohesion can be achieved
provides a system for parties to pursue rights protection through courts and tribunals
provides a remedy for harm caused by an infringement of rights

Question 11

Parties

Answer 11

BEFORE: wronged party and wrongdoer
AFTER(DURING):plaintiff and defendant

Question 12

Breach

Answer 12

An act or omission that represents a failure to meet a legal obligation
Eg contract law : failure to fulfill a promise to plaintiff

Question 13

Loss

Answer 13

A type of harm or damage suffered by a person. It can involve both economic and non economic loss
EG financial/ property damage/ personal injury/ pain and suffering/ loss of amenity

Question 14

Causation

Answer 14

The direct relationship between the defendants breach and plaintiffs loss
P must prove the defendants breach was a necessary condition of the loss
But for the defendants breach would the harm have occurred

Question 15

burden of proof

Answer 15

the obligation of a party to prove a case. it usually rests with the party who initiates the action (plaintiff)

Question 16

standard of proof

Answer 16

the degree or extent to which a case must be proved in court.

Question 17

limitations of actions

Answer 17

the restriction on bringing a civil law claim after the allowed time.

Question 18

Plaintiff

Answer 18

The person who has had the rights infringed by another party and has brought the claim to court

Question 19

Defendant

Answer 19

The persons who infringed the rights of the plaintiff

Question 20

Class action

Answer 20

1: seven or more ppl have claims against the same defendant
2: the claims concern the same similar or related circumstances
3: the claim give rise to a common issue of law or fact

Question 21

Vicarious liability

Answer 21

The legal responsibility of a third party for the wrongful act of another

Question 22

Purpose of negligence

Answer 22

Negligence requires individuals who owe a duty of care to another person to prevent foreseeable harm from occurring

Question 23

4 elements of negligence

Answer 23

1. Defendant owed the plaintiff a duty of care
2. Defendant breached their duty of care
3. Defendant breach caused harm to the plaintiff
4. Plaintiff suffered harm or loss

Question 24

Lack of elements

Answer 24

1.no duty of care owed
2. Duty wasn’t breached
3.no loss or harm occurred or if so it was caused by other means

Question 25

Voluntary negligence

Answer 25

Plaintiff was aware of the obvious risk Plaintiff voluntarily chose to take the risk-consent can be expressed

Question 26

Contributory negligence

Answer 26

Must prove the plaintiff contributed to the harmful situation or is partly to blame for the harm done

Question 27

Remedies

Answer 27

A court order that aims to enforce a civil right eg damages and injunctions

Question 28

Damages

Answer 28

A type of remedy in which a monetary compensation is rewarded to the plaintiff in a civil dispute to compensate for the loss of

Question 29

Special damages

Answer 29

Compensate for loss that can be accurately be measured

Question 30

General damages

Answer 30

Compensate for the loss which cannot be accurately measured

Question 31

Aggravated damages

Answer 31

Awarded if defendant shows reckless disregard for the plaintiffs feelings and causes them unnecessary distress shame or humiliation

Question 32

Exemplary damages

Answer 32

Defendants actions are particularly reprehensible, the court can make a example of them to deter others

Question 33

Impact of negligence

Answer 33

Plaintiff: loss of life, permanent physical incapacity, serious physical injury, emotional impact Defendant: loss of business, public humiliation, physical injury

Question 34

Purpose of defamation

Answer 34

Defamation protects a persons reputation from being damaged by lies that are shared with the public

Question 35

Statement is defamatory

Answer 35

Statement is defamatory if it lowers a person’s reputation in a ordinary member of the community Eg stating plaintiff committed a crime when they found not guilty

Question 36

Statement is untrue

Answer 36

Must demonstrate that the statement is false

Question 37

The statement refers to the plaintiff

Answer 37

Must be referred to in the defamatory May be defamed as a part of a group

Question 38

Statement must be published

Answer 38

Must be communicated to a person other than the plaintiff. Can sue once a third party reads, sees or hears the defamatory material

Question 39

Publication caused or is likely to cause serious harm

Answer 39

Plaintiffs to establish the they have suffered or may suffer serious harm as a result of a defamatory comments