Civil - SO Basic
This type of law is made by judges through decisions in court cases
What is Common law?
The key component of negligence where one party holds the responsibility of another party.
What is duty of care?
This party has the responsibility of proving the case in a civil trial.
What is the plaintiff?
I am a type of law made in parliament.
What is statute law?
I am the level of proof required in a civil trial.
What is the balance of probabilities?
A defence to defamation that a film or restaurant critic is most likely to use.
What is honest opinion?
A lawsuit involving multiple plaintiffs against a single defendant.
What is a class action?
Starting with the letter "R" I am a civil solution.
what is a remedy?
Four common terms associated with civil law.
What are:
remedies, plaintiff, negligence, rights, defendant...
A legal concept where employers can be held liable for the actions of their employees
What is vicarious liability?
The name of the adjudicator who presides over the Magistrates' Court
What is a Magistrate?
I am a legal principle whereby all lower courts with similar case facts, must follow the same legal decision of superior courts.
What is a precedent?
The two key purposes of civil law.
What are to restore injured parties to their original position and protect individual rights?
One of the defences to negligence where the plaintiff is held partially responsible for their injury.
What is contributory negligence?
The Victorian statute that governs defamation law.
What is the Defamation Act (Vic) 2005
I am a famous court case which has helped to develop negligence common law.
What is Donohue v Stephenson (snail in the bottle)?
or
Grant v Australian Knitting Mill (itchy underpants)?
The legal legislation that sets time limits on when a civil action can be brought forward.
What is the Limitations of Actions Act?
Two of the elements required to establish defamation.
What are:
the statement is defamatory, the statement is untrue, refers to the plaintiff, is published and caused serious harm to reputation.
The legal principle courts use to interpret unclear legislation during a trial.
What is statutory interpretation?
I am the Victorian legislation governing negligence.
What is the Wongs Act (Vic) 1958?