14465294
Description
Flashcards by Jodie Hoskins, updated more than 1 year ago
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Created by Jodie Hoskins
over 5 years ago
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| Question | Answer |
| Define Onus of proof? | Burden to prove the an accused is guilty prosecution |
| Who has the onus of in a civil cases? | The plaintiff |
| Who has the onus of proof in a criminal case? | The defendant |
| Define negligence? | An Act or omission that breaks a duty of care |
| What is duty of care? | A legal obligation imposed in circumstances where harm could be reasonably foreseen to occur to others Applying the neighbour principle |
| What are the 3 elements of negligence? | 1) Duty of care 2) Breach of duty 3) Damages (injury) |
| What elements are under duty of care? | Neighbour principle and proximaty |
| What are the forms of damages or types of harm? | Physical or psychological injury, pain and suffering, damage of property, pure economic loss (past and future) |
| What is the Donoghue v Stephenson (1932) case? | This case was the precedent that established the neighbour principle |
| Explain the neighbour principle? | a person should take reasonable care to avoid acts or omissions that are reasonably foreseeable (reasonably foreseeable person test) |
| List the proximaty factors | Time and space Type of relationship between parties Causation |
| Define causation? | Type of damage actually done is forseeable Closeness or directness of the causal connection/relationship between the particular act of course and the loss of injury sustained |
| Define civil law? | Civil law regulates the behaviours of private individuals and is concerned with the protection of their private rights |
| List special relationships? | Doctor - patient Teacher - student Parent - child Employer - employee |
| What is another word for appellant? | Plaintiff |
| What are other words for defendant? | accused respondent |
| What is Ratio Decidendi? | Judge making a decision based on previous law |
| What is obiter dicta? | The underlying reason which a Judge expresses his or another Judge's opinion which is not essential in making the decision and therefore not legally binding as precedent |
| Breach of duty ---> What are the conditions for standard of Care | 1 The seriousness of potential harm 2 The degree/probability of harm that would occur if care was not taken 3 The practicality of taking precautions 4 social utility of activity |
| What are some Important Laws? | Donoghue v Stevenson (1932) Civil Liability Act 2003 Limitation of Actions Act 1974 Work Health & Safety Act 2001 (Qld) Civil dispute resolution Act 2011 (Cth) Civil proceeding Act 2011 (Qld) |
| Who is the aggrieved party? | The person who has suffered damage Also known as plaintiff |
| What is the difference between criminal and civil law? | Criminal law regulates behaviour within community, establishing guidelines and expectations for each member of society Civil law is concerned with the enforcement of individual rights |
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