Limitation of Actions
What is a limitation of actions period?
A time limit for a person to commence a civil action.
What is defamation?
Defamation occurs when material is communicated to a third party that causes, or is likely to cause, serious harm to a person's reputation.
What does original jurisdiction mean?
The power of a court to hear and determine a case for the first time.
What does the burden of proof refer to?
The responsibility of a party to prove the facts of their case.
What does access to justice mean?
The ability of people to understand and use the legal system to resolve disputes and enforce their rights.
Why do limitation periods exist?
To ensure cases are brought within a reasonable time while evidence and memories are still available and reliable.
Who is the person who brings a defamation action called?
The plaintiff.
What does appellate jurisdiction mean?
The power of a court to hear an appeal from a decision made by a lower court or tribunal.
What does the standard of proof refer to?
The level of proof required to establish a case.
Identify two difficulties that can make it harder for a person to access the civil justice system.
Possible answers include cost, distance, language difficulties, lack of knowledge, disability and complexity of the legal system.
What could happen if a plaintiff tries to commence a civil case after the limitation period has expired?
The plaintiff may be prevented from bringing the civil action.
Identify three things a plaintiff generally needs to establish in a defamation case.
What is the difference between original and appellate jurisdiction?
Original jurisdiction involves hearing a case for the first time, while appellate jurisdiction involves reviewing a decision made by another court.
What is the standard of proof in a civil case?
The balance of probabilities.
Explain how the cost of legal action can create a barrier to accessing justice.
Legal advice, lawyers and court proceedings can be expensive, meaning some people may be unable to afford to pursue their claim.
Explain one reason why limitation periods can make it difficult for a plaintiff to access justice.
If a person does not commence their case within the required time, they may lose the opportunity to have their claim heard by a court.
What is the difference between economic loss and non-economic loss?
Economic loss involves financial loss, such as lost income or business.
Non-economic loss involves harm such as damage to reputation, humiliation or emotional distress.
A court hears a civil case for the first time. Is this original or appellate jurisdiction?
Original jurisdiction, because the court is hearing the case for the first time.
Distinguish between the burden of proof and the standard of proof.
The burden of proof is who has the responsibility to prove the case. The standard of proof is how convincing the evidence must be.
Explain how language or communication difficulties can affect access to justice.
A person may have difficulty understanding legal information, communicating their case or understanding court procedures.
Explain why limitation periods can benefit defendants.
They prevent defendants from having to defend very old claims when evidence may have been lost, memories may have faded and witnesses may be unavailable.
A newspaper publishes an article about a business owner that damages their reputation and causes them to lose customers. Identify one type of loss and explain why.
Economic loss, because the business owner has lost customers and therefore potentially lost income.
Why is appellate jurisdiction important?
It provides an opportunity for a decision to be reviewed if a party believes an error has occurred, helping promote consistency and fairness in the legal system.
A plaintiff must convince the court that their version of events is more likely than not. What standard of proof is being used?
Balance of probabilities.
A person living in a remote area cannot easily travel to court or meet with a lawyer. Explain how this could affect their access to justice.
Distance can make it difficult and expensive to attend court or obtain legal assistance, potentially preventing the person from effectively pursuing their claim.