Civil law - whiteboard revision definitions

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21 Terms

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Civil law

an area of law that defines the rights and responsibilities of individuals and groups in society and regulates private disputes

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Civil liability

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

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Tort

a wrong that interferes with a persons legally protected rights.

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Plaintiff

party who initiates a legal claim against another party

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defendant

a party who is alleged to have breach civil law and is being sued by the plaintiff.

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sue

to take civil action against another person, claiming they infringed some legal rights of the plaintiff.

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loss

type of harm or damage suffered by a person th

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breach

the failure to comply with an obligation

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remedy

any order made by a court, designed to address a civil breach. it should provide a legal solution for the wronged parties breach of civil rights.

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damages

the amount of money that one party is ordered to pay another party for damages suffered

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causation

the direct relationship between one event and the other. event 1 was the cause of event 2

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limitation of actions

the time period within legal action must be commenced.

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burden of proof

the obligation of a party to prove a case. plaintiff

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standard of proof

the extent to which a case must be proved in court. balance of probabilities

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balance of probabilities

standard of proof in civil disputes.

requires plaintiff to establish that it is more likey then not that their claim is true.

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purpose of civil law

achieve social cohesion

protect individuals rights

avenue for compensation

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how does civil law achieve its purposes

establishes the law

decides the law

enforces the law

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Types of civil law

negligence, trespass, defamtion, employment, wills and contract

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Statue law

Statute Law is the law made by Parliament. It is introduced in a Bill and, if passed, becomes an Act.

aka legislation/acts of parliment

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common law

a body of law developed through judicial decisions rather than legislation

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vicarious liability

one party can be held responsible for the actions of another, even if they weren't directly involved in the wrongdoing.