Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
5 Cards in this Set
- Front
- Back
|
Standard of proof in civil cases? |
The standard of proof in civil cases is " on the balance of probabilities". This means the defendant is more likely to have caused the damage than not. |
|
|
Burden if proof in civil cases |
The burden of proof in civil cases is on the claimant. The claimant must prove the defendant was negligent. |
|
|
What does res ipsa loquitur mean? |
"The thing speaks for itself" |
|
|
What does res ipsa loquitur do? |
It shifts the burden of proof from the claimant to the defendant, so the defendant must prove they were not negligent. |
|
|
When can res ipsa loquitur be used? |
The defendant was in full control at the time of the negligence, The event couldn't have happened without someone being negligent, There is no other explanation for the injury/damage. |
