Civil Law

Reese Spence
Quiz by Reese Spence, updated more than 1 year ago
Reese Spence
Created by Reese Spence about 2 years ago
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Description

Civil Law

Resource summary

Question 1

Question
What are the 2 sources of law?
Answer
  • Statute Law and Common Law
  • Judicial Precedent and Ratio Decidendi

Question 2

Question
Select all which apply to Civil Law:
Answer
  • Plaintiff brings a private claim against the defendant
  • Is mostly based on Statute Law
  • Judges decide fact and law, there is usually no jury
  • The State usually pays the cost of bringing the matter to court
  • Standard of proof is the balance of probabilities

Question 3

Question
Which of these is an example of a remedy?
Answer
  • Evidence
  • Compensation
  • Punishment
  • Rehabilitation

Question 4

Question
The two parties in a civil action are the Plaintiff and Defendant.
Answer
  • True
  • False

Question 5

Question
A tort is a civil wrong, other than a breach of contract, which causes personal injury, property damage or financial loss and for which the innocent party usually claims damages.
Answer
  • True
  • False

Question 6

Question
The purpose of civil law is for [blank_start]justice[blank_end] to be achieved by transferring the [blank_start]loss[blank_end] from the [blank_start]victim[blank_end] to the [blank_start]wrongdoer[blank_end].
Answer
  • justice
  • loss
  • victim
  • wrongdoer

Question 7

Question
What is the Doctrine of Precedent?
Answer
  • Where new law is made in the court system.
  • The plaintiff only has to prove that it was more likely than not that the tort occurred.
  • Contract and tort law.
  • When courts make decisions they are obliged to follow the decisions (ratio decidendi) of the higher courts.

Question 8

Question
Judicial precedent is where new law is made in the court system.
Answer
  • True
  • False

Question 9

Question
The rule of law states that each [blank_start]citizen[blank_end] should take [blank_start]responsibility[blank_end] for the [blank_start]consequences[blank_end] of his/her actions.
Answer
  • citizen
  • responsibility
  • consequences

Question 10

Question
Which of these contribute to the concept of negligence?
Answer
  • Duty of Care
  • Breach of Duty
  • Having the mens rea to intentionally commit an offence
  • Damages
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