General Civil Law
What are two purposes of civil law?
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
Explain the civil law concept of defamation
an area of civil law that aims to protect a plaintiff from having their reputation unfairly damaged.
Explain the civil law concept of Negligence
a failure to behave with a level of care to prevent loss or injury to another person, that a reasonable person would have exercised under the same circumstances.
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Plantiff
What are two forms of loss people may experience and seek remedies for?
Loss of earnings
Loss of enjoyment
Damage to property
Injury, suffering, or death
Loss of reputation
What is the lowest court in Victoria's court hierarchy
The Magistrates
What are two types of civil law?
Workplace
Contract
Consumer Protection
Property
Family
Wills and Probate
Defamation
Negligence
What are the two most common remedies in defamation cases
Damages
Injunctions
Identify two types of harm negligence can cause
Financial
Physical
Mental
mioadnefta
Defamation
What is an example of a 'breach' which an employer may commit?
Unlawful termination
Breach of contract
Incorrect Payments
Unsafe Working Conditions
Who has the Burden of Proof and what is the Standard of Proof in criminal cases
BoP - Prosecution
SoP- Beyond Reasonable Doubt
Define limitation of actions
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.
Identify 2 defences accepted in defamation cases
• justification
• contextual truth
• honest opinion
• absolute privilege
• qualified privilege.
What is duty of care?
a legal obligation to ensure the safety and wellbeing of others, and to avoid conduct that could be reasonably foreseen to harm another person.
dymere
Remedy
What is an example of an Employee committing a breach in civil law
Misrepresenting their employer
Undertaking dangerous acts or inaction
Damaging behaviour
Contract breach
What are the three principles of justice
Fairness, equality and access
What is the standard of proof in civil cases and who has the burden of proof?
Balance of Probabilities
The Plantiff
Identify 3 potential impacts Defamation can have on the Plantiff
Tarnished reputation
Unemployment
Emotional impact
Financial impact
Other than duty of care, identify the remaining three elements in Negligence cases
1. Breach of duty of care
2. Causation
3. Remoteness of damage
gceenlien
Negligence
In what circumstance may an insurer be a plantiff
In cases of a false claim which was originally paid out
What is the difference between appellate and original jurisdiction
Original - ability to decide on cases initially
Appellate - ability to hear appeals
Breach: an act or omission that represents a failure to meet a legal obligation.
causation: the relationship between an event or action and a resulting event.
Loss:a disadvantage experienced by a party due to an action or the inaction of another party.
Identify the 5 Elements of Defamation
1. The matter is defamatory
2. The matter is false
3. The matter is about the plaintiff
4. The matter has been published to a third party
5. The matter has caused, or is likely to cause, serious harm to the plaintiff’s reputation
what are the two defences accepted in negligence cases
• contributory negligence
• voluntary assumption of risk.
mitalitinofocotinas
Hint: It is more than one word
Limitation of actions
What Legislation does most civil law fall under?
500 for the name of the act
500 for the year of the act
Wrongs Act (1958)
What are three of the purposes of sanction in criminal law?
HINT: P, D, D, P, R
Punishment, deterrence, denunciation, protection and rehabilitation
What is a class action and are they generally plantiffs or defendants?
A legal proceeding brought by one or numerous plaintiffs acting for themselves as well as on behalf of a wider group of people who have a claim with similar facts.
Plantiffs
Identify a group who cannot have defamation cases pursued in civil courts:
As a defendant:
- Deceased Individuals/On behalf of deceased people
As a Plantiff:
- Corporations
- Companies with other 10 employees
Identify three situations/people who always have a duty of care
Doctors
Teachers/School
Drivers
Manufacturers
Employers
nedrubfoorp
Hint its more than one word and I removed two letters
Burden of proof
What is the name of the act which outlines the limitations of actions in civil law?
1000 for act
1000 for year
Limitation of Actions Act (1958)
Name the three most common sanctions in criminal law
Fines, CCO's, Imprisonment