Unit 2 Legal Studies – Civil Law & Remedies (Vocabulary Flashcards)

Vocabulary flashcards covering the key legal terms, principles, remedies, procedures and examples discussed in Unit 2 Legal Studies lecture notes on Civil Law, Remedies and Rights.

Civil Law

Area of law that defines the rights and responsibilities of individuals, groups and organisations and regulates private disputes.

Criminal Law

Area of law concerned with behaviour that harms the community as a whole and is punishable by the state.

Plaintiff

The aggrieved party who initiates a civil claim and bears the burden of proof.

Defendant

The party alleged to have breached civil law; also called the respondent or wrong-doer.

Burden of Proof (Civil)

Responsibility borne by the plaintiff to establish the facts of the case; shifts to defendant for any counterclaim.

Standard of Proof (Civil)

On the balance of probabilities – the plaintiff’s version must be more likely than not.

Beyond Reasonable Doubt

The high standard of proof required in criminal trials for a conviction.

Victorian Legal Aid (VLA)

Government-funded body providing free or low-cost legal assistance to eligible, priority clients.

Remedy

A court-ordered outcome intended to address a civil wrong and restore the plaintiff as far as possible to their original position.

Compensatory Damages

Monetary payment awarded to restore the plaintiff; divided into special, general and aggravated damages.

Special (Specific) Damages

Compensation for quantifiable monetary losses such as medical bills or lost wages.

General Damages

Compensation for non-economic loss like pain, suffering and loss of amenity; difficult to calculate objectively.

Aggravated Damages

Additional sum awarded when the defendant’s conduct caused humiliation or insult to the plaintiff.

Injunction

Court order requiring a party to do or refrain from doing a specific act.

Mandatory Injunction

Type of injunction compelling a party to perform a positive action, e.g., publish an apology.

Prohibitory (Restrictive) Injunction

Injunction that forbids a party from engaging in certain conduct, e.g., cutting down a tree.

Interlocutory Injunction

Short-term, urgent injunction granted before a final decision is reached.

Permanent Injunction

Long-term or final court order after the merits of the case are determined.

Class Action

Legal proceeding where a lead plaintiff represents at least seven people with similar claims; also called group or representative proceeding.

Lead Plaintiff

Individual who commences a class action on behalf of group members and makes strategic decisions.

Counterclaim

Claim brought by a defendant against the plaintiff within the same proceedings.

Breach (Civil)

Failure by a party to observe a legal obligation, duty or agreement.

Causation

Direct link (causal nexus) between the defendant’s breach and the plaintiff’s loss.

Actus Reus (Civil Context)

Latin term meaning the physical act; used to discuss causation in civil wrongs.

Novus Actus Interveniens

An intervening event that breaks the chain of causation, relieving the defendant of liability.

Loss of Amenity

Reduced enjoyment of life, work or hobbies suffered by a plaintiff.

Limitation of Actions

Statutory time period within which a civil claim must be initiated.

Statute of Limitations – Defamation

One-year time limit from date of publication to commence a defamation action (extension possible).

Statute of Limitations – negligence

Three to twelve years, depending on circumstances, for negligence actions involving injury.

Strict Liability (Civil)

Doctrine imposing liability for damage without needing to prove intent or negligence (e.g., defective products).

Strict Liability (Criminal)

Offences that do not require proof of mens rea; culpable driving is strictly indictable.

Vicarious Liability

Legal responsibility of an employer for torts committed by employees in the course of employment.

Duty of Care

Legal obligation to avoid acts or omissions that could foreseeably harm others; key element in negligence.

Negligence

Tort where a duty of care is breached, causing foreseeable harm that results in loss to the plaintiff.

Elements of Negligence

Duty of care, breach of duty, causation and damage/loss.

Defamation

Publication of untrue material that severely harms a person’s reputation.

Nuisance

Tort involving unreasonable interference (noise, smell, light, toxins) with a person’s enjoyment of property or health.

Trespass (to Person)

Direct, intentional interference with another’s body, e.g., assault or battery.

Trespass (to Land)

Unlawful interference with another’s real property without consent.

Breach of Contract

Failure of a party to fulfil contractual obligations, causing loss to the other party.

Pleadings

Written statements (statement of claim and defence) outlining each party’s case in civil litigation.

Pre-Trial Procedures

Series of steps (writ, pleadings, discovery, exchange of evidence) undertaken before a civil trial.

Settlement

Agreement between parties resolving a dispute without a court judgment; over 80% of civil cases settle.

Psychological Harm

Non-physical injury such as PTSD, nervous shock or humiliation recognised as civil loss.

Balance of Probabilities

Civil standard requiring that a fact is more likely than not; same as standard of proof in civil law.

Purposes of Civil Law

To protect individual and organizational rights, resolve disputes peacefully, and provide remedies. It fosters social cohesion by encouraging responsible behavior and holding those who cause harm accountable.

Types of Loss and Damage in Civil Law

Harm, injury, or detriment suffered due to a defendant's breach. Categories include: physical injury, psychological harm, economic loss, property damage, reputational damage, and loss of amenity.

Possible Parties in a Civil Dispute

Can be individuals, companies, government bodies, or organizations. Often involves multiple plaintiffs and/or defendants.

Defamation as a Cause of Civil Action

A civil wrong where untrue published material severely harms a person's reputation. Requires proof of publication, identification, and defamatory meaning. Harm is primarily reputational, potentially leading to psychological or economic loss.

Negligence as a Cause of Civil Action

A tort where a defendant breaches a duty of care, causing foreseeable loss to a plaintiff. Elements include: duty of care, breach, causation, and damage. Harm can be physical, psychological, economic, or loss of amenity.