Rule of Law
Protect our society and keep it functioning.
Fairness, Equality, Access
What are the 3 Principles of Justice?
Defamation, Negligence, Nuisance, Trespass
What are the 4 TORTs?
Spreading of information that lowers the reputation of a plaintiff
What is defamation?
A person behaves in a careless or reckless manner that results in typically injury to another
Everyone in a society, including government and individuals, is bound by and must obey any laws that exist.
What is rule of law
The ability of a community to live together in peace and order
What is Social Cohesion?
to restore the plaintiff back to their original position
What is the purpose of Civil Law?
Written form of defamation
What is Libel?
a person has failed in their responsibilities – careless in their actions
The value of a law is much heavier than the value of a rule, hence the consequence is heavier
Difference between the value of a law and rule
Relates to having fair and consistent processes in place to help ensure all parties a fair hearing. i.e Fair trial, innocent until proven guilty
What is Fairness?
The burden of proof rests with the Plaintiff
Who has the Burden of Proof in Civil Law?
What is Slander?
Breach, Cause, Loss
What are the 3 Elements to Negligence?
Flexible and carry low end consequences. They are personal in nature, and they are often changed depending on conditions and circumstances.
Rules are...
Idea all people in criminal and civil cases should treated as equal regardless of their race, gender, age and personal characteristics.
What is Equality?
Required level to which something must be proved in court. In civil matters "on the balance of probabilities".
What is the standard of proof in Civil Law?
1 year
How many years do you have to bring forth a defamation claim?
needs to be proven that the defendant's actions led to the plaintiff’s loss.
What is cause?
They are written in specific code so that they can be interpreted as needed. When broken legal action follows
Laws are...
Everyone should have access to a variety of dispute resolution methods, VCAT, legal aid, rehabilitation programs, courts
What is Access?
Facts are compared to determine which are more likely to have occurred. You will need to convince the magistrate that your version is more correct over the other party's version of events.
What is the Balance of Probabilities?
The statement was defamatory. 2. Refers to the plaintiff directly 3. The statement was communicated to a third party or source
What are the 3 Elements to Defamation?
defendant's carelessness caused an injury or harm to the plaintiff
What is loss?