General
The ranking of courts from lowest to highest according to the seriousness and complexity of the matters they deal with.
What is a Court Hierarchy?
An area of law that defines the rights and responsibilities of individuals, groups and organisations in society and regulates private disputes
What is Civil Law?
The party who is alleged to have breached a civil law and who is being sued by a plaintiff.
What is a Defendant?
The legal obligation to be cautious and careful, keeping other people in mind when doing anything that could harm them.
Any order made by a court (or a tribunal) designed to address a civil wrong or a breach, in order to provide a legal solution for the plaintiff.
What is a Remedy?
The concept that everyone - individuals, groups and the government – is bound by and must adhere to the law, no matter their authority or position.
What is the Rule of Law?
The standard of proof in civil disputes. This requires the plaintiff to establish that it is more probable (i.e. likely) than not that their claim is true
What is the Balance of Probabilities?
A type of harm or damage suffered by a person. It can involve both economic and non-economic
What is Loss?
An incident which occurs after the defendant’s actions, which may be considered to have actually caused the injury or loss, rather than the defendant’s actions.
What is a Break in the Chain of Causation?
An amount of money that one party is ordered to pay to another party for loss or harm suffered.
What is Damages?
A term used to describe the willingness of members of a society to cooperate with each other in order to survive and prosper.
What is Social Cohesion?
The direct relationship between one event (Event 1) and another event (Event 2), where Event 1 was the reason Event 2 happened, and Event 2 would not have happened by itself, without Event 1
What is Causation?
The onus placed on one party to provide evidence.
What is the Burden of Proof?
One of the four elements needed to prove negligence, in which a responsibility has been shirked.
What is Element 2: Breach of Duty of Care.
The type of compensatory damages which seeks to compensate for loss that can be accurately measured in monetary terms.
What is Special Damages?
The type of law you should NOT prioritise writing about during a Unit 2 exam.
What is Criminal Law?
The restriction on bringing a civil law claim after the allowed time.
What is the Limitation of Actions?
A separate claim made by the defendant in response to the plaintiff’s claim.
The legal responsibility of a third party for the wrongful acts of another (e.g. an employer’s liability for employees)
What is Vicarious Liability?
The most common remedy in a civil claim.
What is Damages?
The three interconnected legal concepts Miss Lyall will be MOST upset with you if you forget...
What are the Principles of Justice?
What is Equality, Fairness, and Access?
A term that literally means ‘wrong’; meaning this type of law addresses wrongs that interfere with a person’s legally protected interests.
What is Tort Law?
The responsibility imposed on one person for the wrongdoing of another, where there is a connection to the wrongdoing (e.g. encouraging)
What is Accessorial Liability?
The limitation of actions (in years) of a general negligence claim, such as for property damage.
What is 6 Years?
The type of compensatory damages awarded if the defendant shows reckless disregard for the plaintiff’s feelings.
What is Aggravated Damages?