Civil Law Flash Cards: Sac 1 Unit 2

Front 1

Defences Of Negligence:

Back 1

* No duty of care was owed.

* The duty of care was not breached.

* No damage occurred or the injury was caused by other means.

* The plaintiff contributed to the damages

* The plaintiff willing took a risk.

Front 2

Elements of Defamation:

Back 2

The action of damaging the good reputation of someone; slander or libel

Public documents/ innocent dissemination/ absolute privilege/ fair reporting/ honest opinion/ tricality

Front 3

Explain How One Event May Result In The Prosecution Of

Both Criminal and Civil Law:

Back 3

Trespass to the person: can result in a criminal hearing and the right to sue for compensation.

Front 4

Explain The Legal Principles Developed in Donoghue

vs Stevenson:

Back 4

In donoghue and stevenson the concept privity of contract existis that means only people in the contract can sue or be sued for breach of contract. The girl did not buy the drink therefore she couldn't sue for breach of contract. she therefore sued for negligence, where she had to prove that she was a neighbour of the maufacturor the manufacturor breached their duty to care by not having accurate quality control, and she suffered damage as a result.

Front 5

DEFANITIONS

Back 5

Statute: A written law passed by a legislative body.

Tort: A wrongful act or an infringement of a right (other than under contract) leading to legal liability.

Front 6

Difference Between Criminal and Civil Law:

Back 6

Criminal and Civil serve two different purposes, they work together to ensure the members of society are protected. Criminal law is to regulate behaviour within the community establishing a set of guidelines for each member of society where as Civil law is concerned with the enforcement of individual rights.

Front 7

Doctrine Of Precedent:

Back 7

"The decision and ratio decidendi of superior courts are binding on lower courts in the same hierarchy in like cases."

The doctrine of precedent is strict guidlines and rules followed while applying precedent.

Front 8

Under What Circumstances Is A judge Bound to Follow A

Decision Made In A Pervious Case?

Back 8

When the facts in a previous a previous case are so similar that an injustice would occur is the precedent wasn't followed or the precedent was set in a higher court (high or supreme).

Front 9

What Part Of A Judges Decision may Be Bounding On

Other Courts?

Back 9

When in the supreme or high court the judges decision may become binding on other lower courts. Ratio Decidendi: (the main reason for the decision)Obiter Dictum: (Is used in future or like cases)

Front 10

Persuasive Precedent:

Back 10

When a novel case comes before court, in such a case no binding precedent exists so the Judge may look to decisions made by other courts as a guide to determining what the law should be in our court system.

Front 11

Can A precedent Change? (Explanation)

Back 11

Precedent must not unreasonably restrict a judge's decision to apply cases before them, there is four processes that judges can use change precedent: distinguishing, disapproving, overruling and reversing.

Front 12

How Can The Interpretation of An Act Become A Precedent?

Back 12

When a judge interprets the meaning of an act they will give reason for the decision made, these reasons form a precedent.

Front 13

What is the purpose of Civil Law?

Back 13

To solve civil disputes & to recognise that the rights of an individual have been infringed and to restore the injured party to their original position.

Front 14

Precedent:

Back 14

A legal principle developed by the courts.

(an earlier event or action that is regarded as an example or guide to be considered in subsequent similar circumstances.)