VCE Legal Studies U1AOS3 KK#2

‘If there has been a breach of civil law, the person whose rights have been infringed is referred to as the aggrieved party, or the wronged party, or the plaintiff (in court).’

What is the term used to describe the alleged wrongdoer if a court proceeding is commenced?

• Accused

• Defendant

• Barrister

• Prosecution

In most types of civil law claims, the plaintiff has to prove that there has been a breach by the defendant.

Select the correct definition of ‘breach’ from the list below.

• Breaking or failing to fulfil a duty or obligation

• Inability to provide a service promised on time

• Breaking or stretching the rules

• Lying or stealing in order to succeed

Brendon and Ryan are playing tennis at a local tennis court when Brendon hits the ball out of the court and into the park. Brendon’s dog picks up the ball and plays with it for a while, before leaving it on a footpath. Brendon saw the ball on the footpath but didn’t go and retrieve it. Spencer walks along the footpath and is distracted and doesn’t see the ball. He slips on it and breaks his ankle. Spencer decides to seek compensation from Brendon.

Identify the likely issue in dispute if Spencer sues Brendon.

• Whether Brendon caused Spencer to suffer damage to his reputation

• Whether Brendon caused Spencer’s injury to his ankle

• Whether Spencer has suffered loss or damage

• Whether Brendon breached his obligation to Spencer for Spencer to enjoy public property

The ‘limitation of actions’ is best described as …

• a type of harm or damage suffered by a person

• a type of harm or damage that requires economic compensation

• the restriction on bringing a civil law claim after the allowed time

• the time that a claim takes to be processed through the court system

‘In a civil trial, the standard of proof is beyond reasonable doubt.’

Is this statement true or false?

• True

• False