Civil Law Overview and Key Concepts

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Questions and Answers

Match the following purposes of civil law with their descriptions:

Protect individuals' rights = Ensuring legal agreements are upheld Provide compensation = Restoring the injured party to their original position Deter wrongful conduct = Imposing penalties on offenders Resolve disputes = Addressing conflicts between individuals or groups

Match the types of civil law with their examples:

Contract Law = Disputes over written agreements Tort Law = Claims resulting from negligence Property Law = Disputes regarding ownership of real estate Family Law = Issues related to marriage and custody

Match the key concepts of civil law with their definitions:

Breach = Failure to meet legal obligations Loss = Harm experienced by the plaintiff Causation = Link between breach and loss Burden of Proof = Responsibility of the plaintiff to prove the case

Match the elements of negligence with their requirements:

<p>Duty of Care = Defendant's obligation to act reasonably Breach of Duty = Failure to fulfill the duty of care Causation = Connection between breach and injury Damages = Compensation sought by the injured party</p> Signup and view all the answers

Match the terms related to civil law with their correct descriptions:

<p>Defamation = Harm to a person's reputation through false statements Torts = Wrongful acts causing injury or harm Contracts = Legally binding agreements between parties Negligence = Failure to take proper care resulting in damage</p> Signup and view all the answers

Match the aspects of the civil law process with their functions:

<p>Standard of Proof = Determining the level of evidence required Plaintiff = The party bringing the case to court Defendant = The party accused or being sued Balance of Probabilities = Standard used to evaluate evidence in civil cases</p> Signup and view all the answers

Match the following scenarios with the type of civil law they represent:

<p>Divorce proceedings = Family Law Slip and fall injury = Tort Law Failure to deliver goods = Contract Law Trespassing issues = Property Law</p> Signup and view all the answers

Match the civil law principles with their implications:

<p>Compensation = Restoration of the injured party Deterrence = Preventing future wrongful acts Restitution = Returning benefits to the aggrieved party Justice = Ensuring fair treatment under the law</p> Signup and view all the answers

Match the elements required to prove negligence with their definitions:

<p>Breach of Duty = The defendant failed to meet their responsibility. Causation = The breach caused the harm. Damages = The plaintiff suffered actual harm or loss. Duty of Care = A legal obligation to ensure the safety of others.</p> Signup and view all the answers

Match the defences to negligence with their descriptions:

<p>Contributory Negligence = The plaintiff contributed to their own harm. Assumption of Risk = The plaintiff knowingly accepted the risks involved. Comparative Negligence = Liability is distributed between parties based on their fault. Statute of Limitations = Time limit for bringing a negligence claim.</p> Signup and view all the answers

Match the impacts of civil law breaches with their types:

<p>Emotional Impact = Stress from defamation. Financial Impact = Costs of medical bills after negligence. Social Impact = Damage to reputation affecting relationships. Physical Impact = Injury resulting from an accident.</p> Signup and view all the answers

Match the principles of justice with their explanations:

<p>Fairness = Equal treatment and unbiased procedures. Equality = No discrimination in legal rights or responsibilities. Access = Everyone has the opportunity to use the legal system. Justice = The concept of moral rightness based on ethics.</p> Signup and view all the answers

Match the institutions that resolve civil disputes with their characteristics:

<p>Courts = Formal resolution through judges. Tribunals = Faster, cost-effective alternatives. Mediation = Parties negotiate with a mediator’s help. Negotiation = Informal discussions to settle disputes.</p> Signup and view all the answers

Match the example scenarios with their relevant legal concepts:

<p>Pedestrian jaywalking = Example of contributory negligence. Providing interpreters in court = Example of access to justice. Sharing private photos = Example of emotional impact. Medical bills after an accident = Example of financial impact.</p> Signup and view all the answers

Match the terms associated with negligence with their meanings:

<p>Liability = Legal responsibility for one’s actions. Negligence = Failure to take proper care in doing something. Tort = A civil wrong that causes harm or loss. Damages = Compensation awarded for harm or loss.</p> Signup and view all the answers

Match the legal terms with their correct definitions:

<p>Duty of Care = A legal obligation to avoid causing harm. Burden of Proof = The obligation to prove one’s assertions in court. Res ipsa loquitur = The thing speaks for itself. Negligent Infliction of Emotional Distress = Causing mental suffering through careless actions.</p> Signup and view all the answers

Flashcards

Purpose of Civil Law

Resolve disputes between people/groups, compensating those harmed.

Civil Law Types

Includes contract, tort, property, and family law.

Tort Law Example

A wrongful act causing harm, like negligence or defamation.

Breach (Civil Law)

Failing to meet legal obligations in a civil case.

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Proof in Civil Cases

More likely than not the defendant is responsible (balance of probabilities).

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Negligence Element: Duty of Care

Defendant had a responsibility to act reasonably towards plaintiff.

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Negligence Element: Loss

Plaintiff must have suffered harm or damages.

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Negligence Element: Causation

Defendant's actions directly caused the plaintiff's harm.

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Negligence Element : Burden of Proof

Plaintiff has the responsibility to prove the case.

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Breach of Duty

Failing to meet a legal obligation, leading to potential liability.

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Causation

The link between the breach and harm caused.

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Damages

The harm or loss suffered by the injured party.

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Negligence

A failure to take reasonable care, resulting in harm to another.

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Contributory Negligence

When the injured party was partially responsible for the harm.

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Assumption of Risk

Knowing and willingly accepting potential danger.

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Duty of care

Legal obligation to act carefully and avoid harmful actions.

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Emotional Impact

Stress, distress, or emotional harm due to a wrong.

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Financial Impact

Costs, fees, or lost income from a legal problem.

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Social Impact

Damage to reputation or relationships due to a legal issue.

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Fairness in Civil Law

Equal treatment and unbiased processes in civil disputes.

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Equality in Civil Law

No discrimination in legal rights or responsibilities of each person.

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Access to Civil Law

Everyone has the opportunity to use the legal system for resolution.

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Courts

Formal legal institutions for resolving disputes.

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Tribunals

Alternative dispute resolution bodies.

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Mediation

Negotiation process to help parties reach a settlement.

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Study Notes

Civil Law Purposes

  • Aims to resolve disputes between individuals/groups
  • Seeks to restore the injured party's original position
  • Protects individual rights (e.g., contracts, defamation)
  • Provides compensation for harm suffered
  • Deters wrongful conduct through penalties

Types of Civil Law

  • Contract Law: Disputes over agreements (e.g., failure to deliver)
  • Tort Law: Wrongful acts causing harm (e.g., negligence, defamation)
  • Property Law: Ownership disputes (e.g., trespass)
  • Family Law: Issues like divorce or child custody

Key Concepts of Civil Law

  • Breach: Failure to meet legal obligations
  • Loss: Plaintiff must have suffered harm
  • Causation: Breach directly caused the loss

Burden of Proof

  • Plaintiff must prove the case
  • Standard of Proof: "On the balance of probabilities" (more likely than not)

Elements of Negligence

  • Duty of Care: Defendant owed a duty to act reasonably
  • Breach of Duty: Defendant failed to meet duty
  • Causation: Breach caused the harm
  • Damages: Plaintiff suffered actual harm

Defenses to Negligence

  • Contributory Negligence: Plaintiff contributed to harm
  • Assumption of Risk: Plaintiff knowingly accepted risks

Impacts of Different Breaches

  • Emotional Impact (e.g., stress from defamation)
  • Financial Impact (e.g., medical costs after negligence)
  • Social Impact (e.g., damage to reputation)

Principles of Justice

  • Fairness: Equal treatment and unbiased procedures
  • Equality: No discrimination in legal rights or responsibilities
  • Access: Everyone can use the legal system

Institutions for Resolving Disputes

  • Courts: Formal resolution through judges
  • Tribunals: Faster, more cost-effective alternatives (e.g., VCAT)
  • Mediation: Parties negotiate with a mediator's help

Victorian Charter of Human Rights & Responsibilities

  • Protects rights like freedom of speech, equality, and protection
  • Victorian laws/policies must comply with the Charter
  • Individuals can challenge policies that limit rights

The Right to Vote Protections

  • Laws ensure accessibility (e.g., for disabled voters)
  • Prevent discrimination (e.g., based on race or gender)
  • Protect secret ballots for fairness

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