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
Which of these is an example of a remedy?
The two parties in a civil action are the Plaintiff and Defendant.
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.
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].
What is the Doctrine of Precedent?
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.
Judicial precedent is where new law is made in the court system.
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.
Which of these contribute to the concept of negligence?
Duty of Care
Breach of Duty
Having the mens rea to intentionally commit an offence