Unit 2 Civil Law and Human Rights Exam Revision

Fill-in-the-blank practice flashcards covering the key principles, legal definitions, elements, defences, and exam techniques outlined in the Unit 2 Civil Law student revision checklist.

In civil law, the standard of proof is the __________.

balance of probabilities

In a civil case, the burden of proof is borne by the __________.

plaintiff

The role of a civil jury includes making findings on the facts and, where applicable, __________.

damages

The three Victorian courts whose civil jurisdictions are covered on the checklist are the Magistrates' Court, the County Court, and the __________ of Victoria.

Supreme Court

The three core principles of justice are fairness, __________, and access.

equality

The achievement of the principles of justice can be limited by costs, delays, complexity, or __________.

unequal resources

Mediation is distinguished from arbitration particularly by the third party's role and whether an outcome is __________.

imposed

Protection of human rights through the Australian Constitution includes limited express and __________ rights.

implied

While general damages cover non-economic loss, quantifiable losses are categorized as __________ damages.

specific/special

The four required elements of negligence are duty of care, breach of duty, causation, and __________.

loss/damage

Two recognised defences to negligence are voluntary assumption of risk and __________.

contributory negligence

Two key justifications for civil limitation periods are ensuring reliable evidence and providing __________.

finality

The key elements of defamation include publication to a third party, defamatory meaning, and __________.

identification of the plaintiff

A __________ injunction has the specific purpose of restraining further publication.

prohibitory

According to the exam technique guide, students should allocate roughly __________ minutes per mark.

1.4

During final checks, students must confirm they have attempted all eight Section A questions and both Section __________ questions.

B