VCE Legal Studies U1 AOS 3 KK#1 - KK#3

Michael was on his way to the fish and chip shop when he tripped on a pothole, fell and broke his leg.

The Melbourne City Council is responsible for the management and control of the footpaths and potholes.

What legal action can Michael take?

• Michael can sue the Melbourne City Council for nuisance, as it has caused him a big inconvenience

• Michael can sue the Melbourne City Council for breaching its duties, and can seek damages as compensation for his injury

• Michael can send his hospital bills to the Melbourne City Council, as it is responsible for the pothole

• Sadly, there is nothing Michael can do legally

Which one of these options is not a purpose of civil law?

• Protect the rights of individuals

• Provide an avenue for people to seek compensation where a breach of civil law has occurred

• Achieve social cohesion

• Punish those who break the law

‘A type of tort that involves a breach of a duty of care, causing loss or harm’

Match this definition with the correct term below.

• Negligence

• Damages

• Remedy

• Nuisance

Harry visited the dentist to have a filling done. His experience was unpleasant, and he decided to post a review on Google explaining what had happened. Harry left a one-star review for the business, and explained that the dentist was very rough, unhygienic and rude.

The dentist has since launched a ______ action against Harry.

Fill in the gap in the sentence above.

• negligence

• defamation

• nuisance

• trespass

The standard of proof is the degree or extent to which a case must be proven in court. In civil cases, the plaintiff must prove the case …

• on the burden of proof

• on the balance of probabilities

• beyond reasonable doubt

• to establish mens rea

Civil liability is …

• a term used to describe the legal responsibility of a party for loss or harm caused to another party because of a breach of civil law 

• an area of law that defines the rights and responsibilities of individuals, groups and organisations in society and regulates private disputes

Select the correct definition for ‘breach’ from the list below

• Breaking or failing to fulfil a duty or obligation

• A term that literally means ‘wrong’

• The relationship between one event and another event

• Interfering with a person’s body, property or goods without the consent of that person

Joe was walking across a pedestrian crossing on a busy road in Melbourne. Without warning, a car failed to stop at the pedestrian crossing and ran the red light, injuring Joe.

Identify who is the likely plaintiff, the likely defendant, and the area of civil law involved in this scenario.

• The likely plaintiff is the driver of the car, the likely defendant is the City of Melbourne, and the area of civil law involved is nuisance

• The likely plaintiff is Joe, the likely defendant is the City of Melbourne, and the area of civil law involved is defamation

• The likely plaintiff is the driver of the car, the likely defendant is Joe, and the area of civil law involved is trespass

• The likely plaintiff is Joe, the likely defendant is the driver of the car, and the area of civil law involved is negligence 

Equal opportunity and discrimination laws aim to protect individuals from bias, prejudice or vilification based on a personal attribute such as their _______.

Select the option that does not fit in the gap.

• experience

• marital status

• sex

• race

As a general rule, a plaintiff can only obtain a legal remedy, such as damages, if it can be proven that they have suffered loss or harm.

True or false: This loss must be financial or economic in order to obtain damages.

• True

• False