Key Terms - Legal Studies U2 AoS1

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Breach

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An act or failure to act that represents a failure to meet a legal obligation.

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Causation

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The relationship between an event or action and a resulting event. Generally must be proved to determine liability.

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Loss

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A disadvantage experienced by a party due to an action or the inaction of another party.

The way a party is negatively impacted by the actions (or inaction) of another party.

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Limitation of Actions

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A restriction on the time limit in which a plaintiff must commence a civil action in court, after which the plaintiff is unable to bring an action relating to the civil wrong against the defendant.

Defamation = 1 years

Negligence = 3 years

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Burden of Proof

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The responsibility of a party to prove the facts of a case.

In civil cases the plaintiff has the burden of proof.

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The Standard of Proof

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The degree to which a plaintiff must prove their case.

In civil cases, they must prove their case to be correct 'on the balance of probabilities' which means it is more likely than the defendants version of event.

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Plaintiff

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Plaintiff is the party that initiates the civil suit against the other party. They feel they have been wronged in some way.

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Defendant

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The party that is defending themself against a claim by another person, the plaintiff, for an alleged breach of civil law.

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Purposes of Civil Law (3)

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• () Providing a system for parties to pursue rights protection

• () Providing Remedies

• () Establishing guidelines for appropriate behaviours

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Negligence

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 A failure to behave with a level of care to prevent loss or injury to another person, that a reasonable person would have exercised under the same circumstances.