Civil Liability #1
a type of harm or damage suffered by a person. It can involve both economic and non-economic loss
loss
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
on the balance of probabilities
(in relation to negligence) the legal obligation to be cautious and careful, keeping other people in mind when doing anything that could harm them
duty of care
identify on element needed to establish liability for defamation
answer will vary and teacher to determine correct answer
In which Month is Thanksgiving celebrated in America?
November
an application to have a higher court review a ruling (decision)
appeal
the breaking of or failure to fulfil or comply with a duty or obligation
breach
a defence that can be used by a defendant who alleges that the plaintiff contributed to the harm caused by the defendant. If proved, this reduces the damages the defendant has to pay
contributory negligence
a remedy in the form of a court order requiring the defendant to do something or not to do something. This is designed to prevent a person doing harm (or further harm), or to rectify a wrong
injunction
What does a Venus Fly-trap trap?
flies
an area of civil law governing the validity and enforceability of agreements made between two or more parties
contract law
the person named as the plaintiff in a class action and who represents the group members; also sometimes referred to as the representative plaintiff
lead plaintiff
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
causation
the defence of defamation when the statement is substantially true
justification
Which London Street was home to the Prime Minister?
10 Downing Street
a separate claim made by the defendant in response to the plaintiff’s claim (and usually heard at the same time by the court)
counter claim
a document that specifies how a person would like their assets to be distributed after they die, and who they would like to carry out their wishes
will
the law of negligence in statute form is...
The Wrongs Act 1958 (Vic)
the defence in defamation when the defendant has complete immunity from being sued in certain cases
absolute truth
Which Great Ape is found solely in Borneo and Sumatra?
orangutang
the restriction on bringing a civil law claim after the allowed time
limitation of actions
the legal responsibility of a third party for the wrongful acts of another (e.g. an employer's liability for what their employees do)
vicarious liability
a Latin term meaning ‘to a willing person, injury is not done’. Refers to a defence in which the defendant claims that the plaintiff accepted the dangers of a known and understood risk, either expressly or by implication
volenti non fit injuria
a court can extend the limitation of actions for a defamation to (how many years?)
3 years
How many wisdom teeth does the average adult have?