Introduction to Civil Law: KK1

civil dispute

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

purpose of civil law

• Enable a person to enforce their legal rights or take action over legal wrongs.

• Determine whether the defendant has a liability to their person.

• Award a remedy where the defendant has been found liable.

parties involved

• plaintiff - the party who makes a legal claim against the defendant in court

  • commence/initiate the civil action

  • claim that their rights have been infringed or a wrong has occurred

  • the ‘aggrieved party’ or ‘wronged party’

• defendant - the party being sued by the plaintiff, and is alleged to have breached a civil law

  • alleged to be responsible for the wrongdoing

legal citation for a civil case

outcome of cases

• the court will either find the defendant: liable or not liable

• this is called a judgment

• the defendant then may have to pay a remedy

remedy

an order made by the court (or triburnal) designed to restore the plaintiff and address a civil wrong or breach by the defendant

types of remedies

• damages - money to compensate the plaintiff, paid by the defendant

• injunction - forces the defendant to do something, or not do something

where are civil disputes resolved?

• methods

  • mediation

  • arbitration

  • conciliation

• institutions

  • complaints bodies - consumer affairs victoria

  • triburnals - vcat

  • courts

burden of proof

the party that has the responsibility of proving the facts of the case

• who has the burden in civil cases: plaintiff

• this is because they are the party making the claim against (suing) the defendant

standard of proof

the level of evidence that must be met to determine liability

• the standard of proof in a civil case is: on the balance probabilities

• this means that: it is more probable than not that the plaintiff’s claim is true, and the defendant is liable for the loss/harm