Purpose of civil law
Define civil law.
Where the plaintiff suffers a loss, injury or infringement of rights due to the defendant’s behaviour and is seeking remedy in the form of compensation.
This type of civil law involves contractual obligations between two parties.
Contract law.
Explain burden of proof and outline who has the burden of proof in a civil case.
Burden of proof refers to the party responsible for brining the action forward and providing evidence to
Explain the standard of proof in a civil case.
The standard of proof is on the balance of probabilities. The plaintiff must convince the judge that their version of events is more likely than the defendants.
Who is the most likely defendant in a civil claim?
Wrongdoer
Outline two purposes of civil law.
to restore the individual who suffered a loss to their original position before the loss occurred
providing a system for parties to pursue rights protection
providing remedies
establishing guidelines for appropriate behaviours
This type of law involves someone's reputation being tarnished.
Defamation
Define breach.
Breach is an act or omission that represents a failure to meet a legal obligation.
Define loss.
Loss is a disadvantage experienced by a party due to an action or the inaction of another party.
Who is the most likely plaintiff in a civil claim?
Aggrieved party
Anastasia is walking through Gracie’s gallery when she comes across some uneven floorboards that are not part of an art installation. Losing her footing, Anastasia falls and injures her back.
Explain why Anastasia would pursue a civil case and not a criminal case.
Because the gallery has a duty of care to ensure its visitors are safe from harm whilst in their space. It is not a crime for a floorboard to be uneven.
This type of law exists where a duty of care is owed.
Negligence.
Define counterclaim and explain when a counterclaim is heard.
A counterclaim is a separate claim made by the defendant against the plaintiff. It is heard at the same time as the original claim.
List three categories of loss we have covered.
Economic or financial loss; property damage; personal injury; pain and suffering; loss of amenity.
True or false: there can only be one defendant in a civil case.
False! There can be multiple defendants where more than one person caused the loss, through their actions, inactions or role in planning/aiding/abetting the harm.
Distinguish between the main purpose of civil and criminal law.
The main purpose of civil law is to restore the plaintiff to their original position after a loss has occurred, whereas, criminal law seeks to protect society and punish offenders.
What type of civil law is relevant to this scenario?
Ash has initiated civil proceedings against Johnny after he intentionally broke a contractual obligation relating to Ash's property. As a result of Johnny's actions, Ash has sustained damage to her property, suffered trauma, and consequently, been unable to work.
Contract
Define limitation of actions and provide one example of the limitation period for a civil wrong.
Limitation of actions a restriction on the time limit in which a plaintiff must commence a civil action in court, after which the plaintiff is unable to bring an action relating to the civil wrong against the defendant.
Defamation, 1yr; contract 6yr; arrears of rent 6yr; tort law 6 yr (3 if personal injury).
Which three elements need to be satisfied in order for the plaintiff to be successful in a civil claim?
In order for a plaintiff to initiate any sort of successful civil action, the defendant’s actions must satisfy three elements: breach, causation, and loss.
Define class action and identify another name for class actions.
A legal proceeding in which a group of people who have a claim based on similar or related facts bring that claim to a court in the name of one person. Must have at least 7 people and are referred to as representative proceedings.
Define remedy and identify one type of remedy.
A remedy is a court order that aims to enforce a right by preventing a civil breach, or correct a civil breach and return the plaintiff to the position they were in prior to the breach by the defendant. One type of remedy is compensation in the form of damages.
Aayush’s coworker, Hunter, has been posting serious falsehoods and accusations about Aayush’s workplace conduct internally and externally. Despite telling them to stop, Hunter is still relentlessly spreading lies about Aayush as they said they have freedom of speech and can say whatever they want. Aayush’s manager informs him that, unfortunately, due to the nature of the allegations, the business is removing the annual leave he has accumulated and lowering his wage as punishment.
What two types of civil law relate to this case?
Defamation and employment/workplace law.
Describe two reasons for having a limitation of actions in civil cases.
To allow for swift delivery of justice.
To improve reliability of evidence.
Compare the burden of proof in a criminal and civil case.
The burden of proof in a criminal case lies with the prosecution who must prove beyond reasonable doubt that the defendant is guilty; the burden of proof in a civil case is with the plaintiff who must prove on the balance of probabilities that the defendant is liable for the loss/harm/injury.
Define vicarious liability and explain when it is typically applied.
Vicarious liability a party being held responsible for the civil wrong of another person, regardless of whether that person has any personal fault. It is typically applied in workplaces.