Civil Law Foundations
What standard of proof is used in civil law?
Balance of probabilities.
What is a contract?
A legally enforceable agreement between two or more parties.
What is duty of care?
A legal obligation to take reasonable care to avoid foreseeable harm to others.
What does 'nature and scope' mean in legal analysis?
It explains what the legal issue is and how significant or widespread it is.
What does FIA3 stand for in this subject?
Analytical essay/investigation where students analyse and evaluate a legal issue.
Formative internal assessment 3.
Explain the difference between a plaintiff and a defendant.
The plaintiff brings the civil claim; the defendant responds to it.
What is the difference between contract law and tort law?
Contract law concerns broken agreements; tort law concerns civil wrongs causing harm.
Name the three elements required to prove negligence.
Duty of care/breach/causation.
Why is evidence important when explaining nature and scope?
Evidence proves the issue exists and shows its significance.
What makes a recommendation strong in FIA3?
It is justified using evidence and legal criteria.
A customer sues a supermarket after slipping on water. What area of law is this and why?
Civil law—specifically negligence—because compensation is sought for harm caused.
A gym promises 12 months of service but closes after two months. Is this likely contract or tort?
Contract law because an agreement was breached.
A teacher leaves equipment on the floor and a student trips. Identify the likely legal issue.
Negligence due to possible breach of duty of care.
If 10,000 negligence claims are filed annually, what does this suggest?
The issue is significant and widespread.
A good body paragraph in FIA3 should include what three things?
Claim, evidence, analysis/evaluation.
Analyse one advantage and one disadvantage of civil law.
Advantage: compensation for harm.
Disadvantage: litigation can be expensive and slow.
A customer purchases a brand-new Toyota Corolla from a dealership. Two weeks later, the brakes fail due to a manufacturing defect and the customer is injured in a crash.
This issue could involve both contract law and tort law, but tort law—specifically negligence—is likely more appropriate for addressing the injury.
A school introduces risky sporting activities. Analyse two viewpoints.
Answer:
Why do statistics alone not fully explain a legal issue?
They show scale but not stakeholder impact, causes, or consequences.
Explain the difference between analysis and evaluation.
Analysis breaks down and examines issues; evaluation makes judgments about effectiveness.
Evaluate whether civil law achieves just outcomes for all stakeholders. Provide one recommendation.
Civil law often provides compensation but costs reduce accessibility. Recommendation: expand legal aid or mediation services.
Issue: Online subscription services use unfair contract terms.
Provide:
Viewpoints: consumers need protection; businesses need flexibility.
Alternative: stronger consumer law regulation.
Recommendation: stricter penalties for unfair terms.
Issue: Rising sports injuries in schools.
Provide:
Viewpoints: parents want stronger protections; schools fear over-regulation.
Alternative: mandatory safety protocols.
Recommendation: statewide risk management policies.
Issue: Medical negligence claims are increasing.
Evaluate the significance of this issue.
Increasing claims suggest growing concern around patient safety, healthcare standards, and access to compensation.
A social media challenge causes injury to minors.
Answer ALL:
Issue: Liability for online harms.
Nature & scope: Growing due to widespread social media use.
Viewpoints: platforms should be accountable; regulation may limit freedom.
Alternative: statutory duty of care for platforms.
Recommendation: introduce platform safety legislation.