Negligence
A legal obligation to avoid causing harm
What is the duty of care?
The defamatory statement is substantially true.
What is the defence of justification?
Life imprisonment
What is the maximum punishment/sentence for murder?
Beyond reasonable doubt.
What is the standard of proof in criminal law?
Plaintiff
Who is the party that initiates a civil case? OR Who is the party that has the burden of proof in a civil case?
The defendant argues that the plaintiff helped to cause the harmful situation or is partly to blame for the harm done
What is contributory negligence?
The statement is communicated to at least one person other than the plaintiff.
What is the element of publication?
The unlawful killing of another person.
What is a homicide?
The presumption that children aged 10 to 14 are mentally incapable of committing a crime.
What is the principle of doli incapax?
Providing a legal avenue to seek a remedy
What is a purpose of civil law?
The defendant does not take the care a reasonable person would have in the circumstances.
What is the breach of duty of care? OR When has someone breached their duty of care?
Protects statements made during the course of Australian court proceedings.
What is the defence of absolute privilege?
The accused can prove they killed someone due to being in serious and immediate danger.
What is self-defence?
The accused is treated as not guilty during the trial.
What is the presumption of innocence?
A civil law principle where one party is held liable for the actions of another.
What is vicarious liability?
Take the plaintiff as you find them.
What is the egg-shell-skull rule?
One year since publication.
What is the limitation of actions for defamation?
Malice aforethought
What is the mens rea element of murder?
A person who knowingly impedes the apprehension, prosecution, conviction or punishment of a principal offender.
What is an accessory?
A type of legal proceeding in which one person (the plaintiff or applicant) brings a claim on behalf of a wider group of people.
What is a class action? OR What is a representative proceeding?
"You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour."
What did Lord Atkins say in the snail in the bottle case? OR What is the 'neighbour principle'? OR What was the precedent from Donoghue v Stevenson?
A different tort used by for-profit corporations with 10 or more employees.
What is injurious falsehood?
Whether the accused’s conduct the substantive and operating cause of the victim’s death.
What is legal causation?
The prosecution ONLY needs to prove that the criminal act has taken place
What is a strict liability offence/crime?
Three years since the incident or 12 years since discoverability of the injury, whichever is earlier.
What is the limitation of actions for a personal injury claim?