U2 Legal studies AOS1 civil law

define civil law

an area of law that defines the rights and responsibilities of individuals, government entities, and organisations, and provides a legal framework for when these parties interact with each other

define remedy

a court order that aims to enforce a right by preventing a civil breach, or correct a civil breach and return the plaintiff to the position they were in prior to the breach by the defendant

define loss

a disadvantage experienced by a party due to an action or the inaction of another party

define breach

an act or omission that represents a failure to meet a legal obligation

define causation

the relationship between an event or action and a resulting event

define ‘but for’ test

 a legal test of causation that seeks to determine whether a party would have suffered harm if not for the actions of another party

define loss

a disadvantage experienced by a party due to an action or the inaction of another party

define limitation of actions

a restriction on the time limit in which a plaintiff must commence a civil action in court, after which the plaintiff is unable to bring an action relating to the civil wrong against the defendant

define burden of proof

the responsibility of a party to prove the facts of a case

define counterclaim

a separate claim made by the defendant against the plaintiff

define balance of probabilities

 the standard of proof in civil cases that requires the plaintiff to establish that their version of the facts is more likely to be correct, and the defendant is most likely liable

define standard of proof

the degree to which the facts of a case must be proven in court.

define plaintiff

the party that initiates a civil claim against another person, the defendant, in court

define class action

a legal proceeding brought by one or numerous plaintiffs acting for themselves as well as on behalf of a wider group of people who have a claim with similar facts

define defendant

the party that is defending themself against a claim by another person, the plaintiff, for an alleged breach of civil law

define negligence

a failure to behave with a level of care to prevent loss or injury to another person, that a reasonable person would have exercised under the same circumstances

define duty of care

a legal obligation to ensure the safety and wellbeing of others, and to avoid conduct that could be reasonably foreseen to harm another person

define reasonable foreseeability

an element of duty of care concerned with whether it is sufficiently likely that a person of ordinary prudence would take it into account when making a decision

define the neighbour principle

a legal principle that requires people to take reasonable care to avoid acts or omissions that could be reasonably foreseen to injure another person

define breach of duty

an act or omission by a defendant that is a failure to uphold their duty of care because the behaviour falls below the standard of care that would be expected of a reasonable person in the same position

define causation

the relationship between an event or action and a resulting event

define factual causation

a question of fact, required to prove negligence, in that evidence must demonstrate that the breach of the defendant was a necessary condition of the harm

define scope of liability

a factor considered when determining causation in negligence, whereby it must be appropriate for the scope of the defendant’s liability to extend to the harm caused

define remoteness

 an element of negligence concerned with the extent of liability, which considers whether the consequences of the negligent action were so far removed from it as to have been unforeseeable by the defendant

define limitation of actions

a restriction on the time limit in which a plaintiff must commence a civil action in court, after which the plaintiff is unable to bring an action relating to the civil wrong against the defendant

define contributory negligence

failure by a person, typically a plaintiff, to take reasonable care for their own safety, which adds to the harm the person suffers

define voluntary assumption of risk

a defence to negligence in which it is claimed the plaintiff accepted and was aware of the risks inherent in the activity

define remedy

a court order that aims to enforce a right by preventing a civil breach, or correct a civil breach and return the plaintiff to the position they were in prior to the breach by the defendant

define damages

a type of remedy in which monetary compensation is awarded to the plaintiff in a civil dispute to compensate their loss caused by a civil breach

define injunction

a type of remedy requiring a party to either perform a specific action or prohibiting a party from taking a particular action

define defamation

an area of civil law that aims to protect a plaintiff from having their reputation unfairly damaged

define defamatory matter

material, such as an article, electronic communication, picture, or oral statement, that is likely to tarnish a person’s reputation

define ordinary or reasonable person

a hypothetical person representing the average, rational person in the community

define limitation of actions

a restriction on the time limit in which a plaintiff must commence a civil action in court, after which the plaintiff is unable to bring an action relating to the civil wrong against the defendant

define justification

a defence to defamation that may be raised where the defendant has published information that is substantially true

define substantial truth

a defence for defamation that may be raised where the statements are true in substance or not materially different from the truth.

define contextual truth

a defence to defamation that may be raised where the statement does not damage the plaintiff’s reputation when read in context with other truthful statements

define honest opinion

a defence to defamation that may be raised when the defendant’s statement was a statement of opinion

define absolute privledge

a defence to defamation that may be raised when statements were made in situations where unrestricted communication is crucial and immune to defamation law

define Parliamentary proceedings

any verbal exchanges or actions taken during or related to the conduct of a House of Parliament

define judicial proceedings

any pre-trial, trial, or hearing over which a judge or magistrate presides

define qualified privilege

a defence to defamation that may be raised where the defendant had a reasonable belief that it was in the interest of the recipient to publish the communication

define remedy

a court order that aims to enforce a right by preventing a civil breach, or correct a civil breach and return the plaintiff to the position they were in prior to the breach by the defendant

define damages

a type of remedy in which monetary compensation is awarded to the plaintiff in a civil dispute to compensate their loss caused by a civil breach

define injunction

a type of remedy requiring a party to either perform a specific action or prohibiting a party from taking a particular action

define defemation

an area of civil law that aims to protect a plaintiff from having their reputation unfairly damaged.

define defamatory matter

 material, such as an article, electronic communication, picture, or oral statement, that is likely to tarnish a person’s reputation.

define ordinary or reasonable person (defemation)

a hypothetical person representing the average, rational person in the community

define limitation of actions

a restriction on the time limit in which a plaintiff must commence a civil action in court, after which the plaintiff is unable to bring an action relating to the civil wrong against the defendant.

define justification

a defence to defamation that may be raised where the defendant has published information that is substantially true.

define substantial truth

a defence for defamation that may be raised where the statements are true in substance or not materially different from the truth.

define contextual truth

a defence to defamation that may be raised where the statement does not damage the plaintiff’s reputation when read in context with other truthful statements.

define honest opinion

a defence to defamation that may be raised when the defendant’s statement was a statement of opinion

define absolute privilege

 a defence to defamation that may be raised when statements were made in situations where unrestricted communication is crucial and immune to defamation law

define parlimentary proceedings

any verbal exchanges or actions taken during or related to the conduct of a House of Parliament

define judicial proceedings

any pre-trial, trial, or hearing over which a judge or magistrate presides.

define qualified privilege

a defence to defamation that may be raised where the defendant had a reasonable belief that it was in the interest of the recipient to publish the communication

define remedy

a court order that aims to enforce a right by preventing a civil breach, or correct a civil breach and return the plaintiff to the position they were in prior to the breach by the defendant

define damages

a type of remedy in which monetary compensation is awarded to the plaintiff in a civil dispute to compensate their loss caused by a civil breach.

define injunction

a type of remedy requiring a party to either perform a specific action or prohibiting a party from taking a particular action