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Exam - Civil Law
Civil Law
| Question | Answer |
|---|---|
| Burden of proof | The plaintiff has to prove liable |
| Standard of proof | more probable |
| Torts | the reasons someone can sue you (Negligence, Nuisance, Defamation and Trespass) |
| Negligence | Fail to provide a duty of care |
| Nuisance | Being annoying |
| Defamation | publicly defaming someone |
| Trespass | Going onto someones property with the intent to stay |
| Legal contract | A legal agreement |
| Pre-trial step | |
| Settle out of court | this is encouraged to free up the courts time for more pressing issues usually criminal. |
| pleadings | A document from a lawyer explaining the issues |
| Statement of claim | The facts outlining your case |
| notice of appearance | A letter from a lawyer setting a date for court |
| Notice of defence | A notice of defence is sent when the defendant intend to defend them selfs |
| Counter claim | the defendant can counter sue |
| Discovery stage | where all the evidence must be presented |
| Affidavit | You sign this to confirm legally what you said is true. |
| Alternative dispute resolution methods | These are used to try and solve the case out of court |
| Mediation | This is where both parties sit down and try to talk out the issues |
| Conciliation | |
| Arbitration | This is a less serious version of the court but is still legally binding |
| Remedy | Remedy a party has to pay to a victim of a wrong they commit |
| Damages | A Remedy paid in money |
| Special Damages | Easy to measure damages like loss of wages |
| General Damages | Hard to measure Damages like mental stress |
| Injunctions | telling someone they can't do something |
Created by:
Harvey1515