U3AOS2A - Key Concepts Revision

Which requires a higher standard of proof?

• Criminal Case

• Civil Case

What is the standard of proof in a civil case?

• Balance of probabilities

• Beyond a reasonable doubt

• Plaintiff

• Defendant

Person initiating the complaint in a civil dispute

• defendant

• plaintiff

• prosecution

• judge

Leslie is a wheelchair user who is unable to attend a mediation at a mediation centre as there are only stairs leading up to the building. Which of the 3 principles of justice is the MOST denied in this instance?

What is governed by Part 4A of the Supreme Court Act 1986?

• The balance of probabilities

• The burden of proof

• The principles of justice

• Representative proceedings

How many people need to join in order to start a representative proceeding?

• Just the lead plaintiff

• Six or more

• Seven or more

• 2 + the lead plaintiff

Molly hires Angelique to complete some cleaning at her 3 bedroom house. Angelique completes most of the cleaning, but runs out of time and does not finish with one of the bedrooms. Molly wants to enforce a breach of contract, and in doing so rings some of Angelique's clients and tells them to stop using her services because she is terrible at her job. Angelique wants to bring a counterclaim for defamation and loss of earnings.

Which party holds the burden of proof in this matter?

• Molly

• Angelique

• Both

• The court

What does a lead plaintiff do in a representative proceeding?

• Does majority of the work

• Gets the biggest share of the damages if successful

• The first named party who represents the group

• Pays the legal costs on behalf of the group

Which of the following is NOT a strength of a representative proceeding?

• Plaintiffs can bring a case that they otherwise may not be able to afford

• Administratively convenient and effecient

• Taking into account the individual claims and circumstances of group members

• Same judge hears the case consistently and all group members get a consistent outcome