Civil Law Foundations

What is the primary focus of civil law?

• Ensuring public safety.

• Enforcing criminal statutes.

• Resolving disputes between individuals or organisations.

•  Punishing offenders for their wrongdoing.

In a civil case, who brings the lawsuit?

• The government prosecutor.

• The plaintiff.

• The defendant.

• The judge.

True or False: Civil cases can result in criminal penalties such as imprisonment.

• True

• False

What is the lowest court in the court hierarchy?

• High Court of Australia

• District Court

• Family Court

• Magistrates Court

What is the standard of proof in a civil trial?

• On the balance of possibilities

• On the balance of preferences

• On the balance of probabilities

• On the balance of presumption

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

What is the highest court in Australia?

• Federal Court of Importance

• Supreme Court

• Family Court

• High Court of Australia