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11 Cards in this Set
- Front
- Back
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Balance of probabilities |
The standard of proof in a civil case. |
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Binding precedent |
A decision of a higher court that must be followed by lower courts in the same hierarchy. |
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Common law/ Case law/ Judge-made law |
Decisions made by judges that form part of the law. |
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Court Hierarchy |
The ranking of courts according to the seriousness of the matters they deal with. |
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Damages |
A civil remedy (an order of a court) that aims to compensate the person who has beenwronged for the injury or loss suffered. |
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Defamation |
Written or verbal statements that lower a person’s reputation in the eyes of the community. |
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Defendant |
Person against whom a civil action is taken. |
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Disapprove |
When a court expresses disapproval of a previous precedent but is still bound by it. |
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Distinguish |
When a court decides that the material facts of a case are sufficiently different to aprecedent to make the precedent not binding on that court. |
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Doctrine of Precedent |
The common-law principle by which the decisions of higher courts in ahierarchy are binding on lower courts in the same hierarchy where the material facts are similar.
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Duty of Care |
legal obligation to avoid causing harm to a person or group when harm is‘reasonably foreseeable’ if care is not taken; there must be a sufficiently close relationship(sometimes referred to as ‘proximity’) between the two people in order for a duty of care to exist. |
