Unit 2 Flash Cards

Comprehensive vocabulary flashcards reviewing key concepts, torts, consumer rights, discrimination laws, and workplace standards for Year 11 VCE Legal Studies Units 1 & 2.

Civil Law

An area of law that defines the rights and responsibilities of individuals, groups, and organisations in society and regulates private disputes.

Civil Liability

The legal responsibility of a party for loss or harm caused to another party because of a breach of civil law.

Breach

The breaking of or failure to fulfil or comply with a legal duty or obligation, such as breaching a contract agreement or a duty of care.

Causation

The principle requiring the plaintiff to prove that the defendant's actions or inactions directly resulted in the harm, establishing a causal link where the harm would not have occurred otherwise.

Intervening Event

An event occurring after the defendant's actions that breaks the chain of causation and may be considered the actual cause of the plaintiff's loss or injury.

Loss

The harm, damage, or detriment suffered by a plaintiff that must be established to obtain a remedy; types include financial loss, property damage, personal injury, pain and suffering, and loss of amenity.

Limitation of Actions

The statutory restriction on initiating a civil claim after a prescribed time period has expired, preventing stale claims and barring the plaintiff from obtaining a remedy.

Burden of Proof

The responsibility of a party to prove the facts of a case, which in civil disputes rests entirely with the plaintiff.

Standard of Proof

The degree or extent to which a case must be proved in court; in civil cases, this requires meeting the balance of probabilities.

Balance of Probabilities

The civil standard of proof requiring the plaintiff to demonstrate that their version of the facts is more likely to be true and correct than not.

Class Action

A legal proceeding (also referred to as a representative proceeding) where a group of people who have claims based on similar or related facts sue under the name of one lead plaintiff.

Vicarious Liability

A legal rule where one party, typically an employer, is held legally liable for the torts or wrongful acts committed by another person (such as an employee) in the course of employment.

Accessorial Liability

The legal liability of a person involved in a wrongdoing who aided, abetted, procured, induced, conspired, or was directly or indirectly party to another party's breach.

Tort

A legal term meaning 'wrong', referring to civil wrongs that interfere with a person's legally protected rights and interests.

Negligence

A tort involving the breach of a duty of care owed to another party when harm is reasonably foreseeable, directly resulting in injury, loss, or damage.

Contributory Negligence

A partial defence to negligence in which the defendant establishes that the plaintiff's own failure to take reasonable care contributed to the harm suffered.

Volenti Non Fit Injuria

A complete defence to negligence (assumption of risk) asserting that the plaintiff voluntarily accepted and consented to the dangers of a known and fully understood risk.

Compensatory Damages

A monetary remedy designed to reimburse and compensate the plaintiff for the injury, loss, or damage suffered as a result of a civil wrong.

Defamation

A tort involving damage to a person's personal or professional reputation caused by the publication of false and untrue statements to at least one third party.

Justification

A complete defence against a defamation action establishing that the allegedly defamatory statement is substantially true.

Injunction

A court order requiring a party to undertake a specific positive act or refrain from committing an act to prevent or stop ongoing harm or a breach of rights.

Private Nuisance

A tort consisting of an act or omission that causes substantial and unreasonable interference with an individual's right to use and enjoy their private land.

Public Nuisance

An act or omission that substantially interferes with the convenience, comfort, safety, or rights of the general public or a significant section of the community.

Statutory Authorisation

A defence to a claim of nuisance arguing that the conduct causing interference was expressly permitted by Victorian or Commonwealth legislation.

Direct Discrimination

Treating a person unfavourably because of an assumption made about what they can or cannot do based on a protected personal characteristic or attribute.

Indirect Discrimination

The imposition of a policy, rule, or requirement that applies equally to everyone on its face, but disadvantages people who share a protected attribute in an unreasonable manner.

Equal Opportunity Act 2010 (Vic)

The primary Victorian legislation that makes it unlawful to discriminate, harass, or victimise individuals on the basis of specified personal attributes across areas such as work, education, and accommodation.

Contract

An agreement or promise between two or more parties that is intended to be legally binding and enforceable by law, whether formed orally or in writing.

Australian Consumer Law (ACL)

A uniform federal law regulating consumer transactions across Australia that provides statutory guarantees, including that goods are of acceptable quality, fit for purpose, and match description.

Specific Performance

An equitable contractual remedy where a court orders a defendant to carry out their positive obligations as agreed under the terms of a contract.

Award

A formal, legally binding document that establishes the minimum wages and employment conditions for employees working within a particular industry or occupation.

Enterprise Agreement

A collective workplace agreement between an employer and two or more employees setting out pay and employment conditions, which must be approved and registered by the Fair Work Commission.

National Employment Standards (NES)

Twelve minimum statutory employment conditions established under the Fair Work Act 2009 (Cth) that provide an enforceable safety net which cannot be undercut by any award or agreement.