Legal Exam Revision T4 PDF

1. Purposes of Civil Law Explanation: Civil law aims to resolve disputes between individuals or groups and provide remedies to restore the injured party to their original position. It seeks to: 1. Protect individuals' rights (e.g., contracts, defamation). 2. Provide compensation to those who...

1. Purposes of Civil Law Explanation: Civil law aims to resolve disputes between individuals or groups and provide remedies to restore the injured party to their original position. It seeks to: 1. Protect individuals' rights (e.g., contracts, defamation). 2. Provide compensation to those who suffer harm. 3. Deter wrongful conduct by imposing penalties. Example: If someone is injured in a car accident caused by another’s negligence, civil law allows the injured party to claim compensation for medical bills and suffering. Summary: Civil law focuses on resolving disputes and compensating victims to restore balance rather than punishing offenders (as in criminal law). Question: Q: What is the primary purpose of civil law? A: To resolve disputes and compensate individuals who have suffered harm. 2. Types of Civil Law Explanation: Civil law encompasses various areas, including: Contract Law: Disputes over agreements (e.g., failure to deliver goods). Tort Law: Wrongful acts causing harm (e.g., negligence, defamation). Property Law: Disputes over ownership (e.g., trespass). Family Law: Issues like divorce or child custody. Example: Defamation is a tort. If someone spreads false information harming another's reputation, the victim can sue for damages. Summary: Types of civil law include contract, tort, property, and family law, each addressing specific disputes. Question: Q: Give an example of a tort in civil law. A: Negligence, such as failing to clear a wet floor leading to a slip and injury. 3. Key Concepts of Civil Law Explanation: Key concepts include: 1. Breach: A party fails to meet their legal obligations. 2. Loss: The plaintiff must have suffered harm or loss. 3. Causation: The breach directly caused the loss.  4. Burden of Proof: The plaintiff must prove the case. 5. Standard of Proof: "On the balance of probabilities," meaning it’s more likely than not the defendant is responsible. Example: A builder’s poor construction causes a roof to collapse, injuring the homeowner. The homeowner must prove the builder’s negligence directly caused the injury. Summary: Civil cases require proving breach, loss, causation, and responsibility on the balance of probabilities. Question: Q: What standard of proof is required in civil cases? A: "On the balance of probabilities." 4. Elements of Negligence Explanation: To establish negligence, the plaintiff must prove: 1. Duty of Care: The defendant owed them a duty to act reasonably. 2. Breach of Duty: The defendant failed to meet this duty. 3. Causation: The breach caused the harm. 4. Damages: The plaintiff suffered actual harm or loss. Example: A driver texting while driving hits a pedestrian. The driver breached their duty of care, causing injury. Summary: Negligence occurs when someone breaches a duty of care, causing harm to another. Question: Q: Name one element required to prove negligence. A: Duty of care. 5. Defences to Negligence Explanation: Defendants can argue: 1. Contributory Negligence: The plaintiff contributed to their own harm. 2. Assumption of Risk: The plaintiff knowingly accepted the risks involved. Example: A pedestrian jaywalking gets hit by a car. The driver could argue contributory negligence if the pedestrian didn’t use a crosswalk. Summary: Defences like contributory negligence or assumption of risk can reduce or eliminate liability. Question: Q: What is an example of a defence to negligence? A: Contributory negligence. 6. Impacts of Different Types of Breaches Explanation: Breaches of civil law can lead to: Emotional Impact: Stress from defamation. Financial Impact: Costs of medical bills after negligence. Social Impact: Damage to reputation affecting relationships. Example: If someone’s privacy is invaded and their photos are shared, the emotional toll and reputational damage can be severe. Summary: Breaches in civil law can result in emotional, financial, and social consequences. Question: Q: Name one impact a civil law breach can have. A: Financial loss. 7. Principles of Justice Explanation: Civil law adheres to three principles: 1. Fairness: Equal treatment and unbiased procedures. 2. Equality: No discrimination in legal rights or responsibilities. 3. Access: Everyone has the opportunity to use the legal system. Example: Providing interpreters in court ensures access to justice for non-English speakers. Summary: Fairness, equality, and access uphold justice in civil law. Question: Q: How does civil law ensure fairness? A: By treating parties impartially and providing unbiased decisions. 8. Institutions that Resolve Civil Disputes Explanation: Institutions include: 1. Courts: Formal resolution through judges.  2. Tribunals: Faster, cost-effective alternatives (e.g., VCAT). 3. Mediation: Parties negotiate with a mediator’s help. Example: VCAT resolves disputes like rental disagreements efficiently without court. Summary: Courts, tribunals, and mediation resolve civil disputes. Question: Q: What is one benefit of using tribunals like VCAT? A: They are faster and cheaper than courts. 9. Victorian Charter of Human Rights & Responsibilities Explanation: The Charter protects rights like freedom of speech, equality before the law, and protection from torture. All Victorian laws and policies must comply with the Charter. Example: If a government policy unfairly limits free speech, individuals can challenge it under the Charter. Summary: The Charter safeguards fundamental rights and ensures government accountability. Question: Q: Name one right protected under the Victorian Charter. A: Freedom of speech. 10. The Right to Vote Protections Explanation: Laws protect the right to vote by ensuring: Accessibility (e.g., for disabled voters). No discrimination (e.g., based on race or gender). Secret ballots to ensure fairness. Example: Allowing online voting for disabled individuals ensures equal participation. Summary: Voting protections uphold equality, accessibility, and fairness in democratic participation. Question: Q: Why is a secret ballot important? A: It ensures voters can make choices without pressure or intimidation.