Chapter 9 - Legal Studies

Defamation

a type of tort that involves the action of damaging a person's personal or professional reputation in the community through the communication of false and untrue statements or information

Defendant

(in a civil case) a party who is alleged to have breached a civil law and who is being sued by a plaintiff

Limitation of actions

the restriction on bringing a civil law claim after the allowed time

Loss

a type of harm or damage suffered by a person. It can involve both economic and non-economic loss

Negligence

a type of tort that involves a breach of a duty of care, causing loss or harm

Nuisance

a type of tort that involves interference with a person's right to use and enjoy private and/or public property

Plaintiff

(in a civil case) a party who makes a legal claim against another party (i.e. the defendant) in court

Remedy

any order made by a court (or a tribunal) designed to address a civil wrong or a breach. A remedy should provide a legal solution for the plaintiff for a breach of the civil law by the defendant

Sue

to take civil action against another person, claiming that they infringed some legal right of the plaintiff (or did some legal wrong that negatively affected the plaintiff)

Tort

a term that literally means 'wrong'; a wrong that interferes with a person's legally protected interests

Trespass

a type of tort involving the interference with or intrusion upon a person's body, property or goods without the consent of that person

Vicarious liability

the legal responsibility of a third party for the wrongful acts of another (e.g. an employer's liability for what their employees do)

Accessorial liability

the responsibility imposed on one person for the wrongdoing of another, where there is a connection to the wrongdoing (e.g. where the first person encourages the other person to cause harm)

Balance of probabilities

the standard of proof in civil disputes. This requires the plaintiff to establish that it is more probable (i.e. likely) than not that their claim is true

Causation

the direct relationship between one event (Event 1) and another event (Event 2), where Event 1 was the reason Event 2 happened, and Event 2 would not have happened by itself, without Event 1

Civil law

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

Contract law

an area of civil law governing the validity and enforceability of agreements made between two or more parties

Damages

an amount of money that one party is ordered to pay to another party for loss or harm suffered. It is the most common remedy in a civil claim

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

Tort

a term that literally means 'wrong'; a wrong that interferes with a person's legally protected interests

Remedy

any order made by a court (or a tribunal) designed to address a civil wrong or a breach. A remedy should provide a legal solution for the plaintiff for a breach of the civil law by the defendant

Damages

an amount of money that one party is ordered to pay to another party for loss or harm suffered. It is the most common remedy in a civil claim

Contract law

an area of civil law governing the validity and enforceability of agreements made between two or more parties

Negligence

a type of tort that involves a breach of a duty of care, causing loss or harm

Duty of care

(in relation to negligence) the legal obligation to be cautious and careful, keeping other people in mind when doing anything that could harm them

Will

a document that specifies how a person would like their assets to be distributed after they die, and who they would like to carry out their wishes

Nuisance

a type of tort that involves interference with a person’s right to use and enjoy private and/or public property

Defamation

a type of tort that involves the action of damaging a person’s personal or professional reputation in the community through the communication of false and untrue statements or information

Appeal

an application to have a higher court review a ruling (decision)

Trespass

a type of tort involving the interference with or intrusion upon a person’s body, property or goods without the consent of that person

plaintiff

(in a civil case) a party who makes a legal claim against another party (i.e. the defendant) in court

defendant

(in a civil case) a party who is alleged to have breached a civil law and who is being sued by a plaintiff

sue

to take civil action against another person, claiming that they infringed some legal right of the plaintiff (or did some legal wrong that negatively affected the plaintiff)

loss

a type of harm or damage suffered by a person. It can involve both economic and non-economic loss

breach

the breaking of or failure to fulfil or comply with a duty or obligation

limitation of actions

the restriction on bringing a civil law claim after the allowed time

causation

the direct relationship between one event [Event 1] and another event [Event 2], where Event 1 was the reason Event 2 happened, and Event 2 would not have happened by itself, without Event 1

burden of proof

the obligation (i.e. responsibility) of a party to prove a case. The burden of proof usually rests with the party who initiates the action (i.e. the plaintiff in a civil dispute and the prosecution in a criminal case)

counterclaim

a separate claim made by the defendant in response to the plaintiff’s claim (and usually heard at the same time by the court)

standard of proof

the degree or extent to which a case must be proved in court

balance of probabilities

the standard of proof in civil disputes. This requires the plaintiff to establish that it is more probable (i.e. likely) than not that their claim is true

Civil Dispute

A disagreement between two or more individuals (or groups) in which one of the individuals (or groups) makes a legal claim against the other

Class Action

A legal proceeding in which a group of seven or more people who have a claim against the same person based on similar or related facts bring that claim to court in the name of one person; also called a representative proceeding or a group proceeding

Lead Plaintiff

The person named as the plaintiff in a class action and who represents the group members; also sometimes referred to as the representative plaintiff

Group Member

(In relation to class actions) a member of a group of people who is part of a class action

Nervous Shock

A psychological reaction; psychological harm that is more serious than ordinary grief or stress

General Damages

A type of remedy that requires the payment of a sum of money to compensate for loss that cannot easily be quantified (e.g. pain and suffering)

Accessorial Liability

The responsibility imposed on one person for the wrongdoing of another, where there is a connection to the wrongdoing (e.g. where the first person encourages the other person to cause harm)

Vicarious Liability

The legal responsibility of a third party for the wrongful acts of another (e.g. an employer’s liability for what their employees do)