Civil Law Quiz 1

Negligence is the ________ of a person's duty of care to another person.

• failure

• breach

• element

• damage

Who owes a duty of care in this situation?

• Students

• Teacher

• School

• Teacher and School

• School and Students

Identify the missing element of Negligence

The defendant must of a duty of care the plaintiff

The defendant must breach this duty by failing to meet the required standard of care

• Damage to the plaintiff must not be caused by the breach of the duty of care

• Damage to the plaintiff may be caused by the breach of the duty of care

• Damage to the plaintiff must be caused by the breach of the duty of care

• Damage to the defendant must be caused by the breach of the duty of care

The standard of proof in a civil action is

• the onus of proof

• the balance of probabilities

• beyond reasonable doubt

• what the prosecution must prove

The doctrine of precedent means that

• Judges can follow the decisions of higher courts in the hierarchy

• Judges can't follow the decisions of higher courts in the hierarchy

• Judges should try and follow the decisions of higher courts in the hierarchy

• Judges must follow the decisions of higher courts in the hierarchy

Ratio decidendi is

• the reason for the judge's decision

• the onus of proof

• the first element of the tort of negilgence

• a civil lawsuit

Who has the onus of proof in a civil law action?

• Balance of probabilities

• Prosecution

• Plaintiff

• Defendant

Precedent

• is binding on all courts

• is persuasive and does not have to be followed

• can be both binding and persuasive

• isn't a real word

This case established the....

• precedent of wild and tame animals

• you can't trust an opaque bottle

• the onus of proof

• The neighbour principle

The elements of the duty of care are

• 1.The defendant should owe a duty of care to the plaintiff

  2.The defendant must breach this duty by failing to meet the required standard of care.

  3.Damage to the plaintiff must not be caused by the breach of the duty of care

• 1.The defendant must owe a duty of care to the plaintiff

  2.The defendant must breach this duty by failing to meet the required standard of care.

  3.Damage to the plaintiff can be caused by the breach of the duty of care

• 1.The plaintiff must owe a duty of care to the defendant

  2.The defendant must breach this duty by failing to meet the required standard of care.

  3.Damage to the plaintiff must be caused by the breach of the duty of care

• 1.The defendant must owe a duty of care to the plaintiff

  2.The defendant must breach this duty by failing to meet the required standard of care.

  3.Damage to the plaintiff must be caused by the breach of the duty of care

• 1.The defendant must owe a duty of care to the plaintiff

  2.The defendant must breach this duty by meeting the required standard of care.

  3.Damage to the plaintiff must be caused by the breach of the duty of care