Legal Studies

Subdecks (4)

Cards (67)

  • Aim and Purpose
    To resolve disputes, compensate and to restore the person to the position they were in.
  • Parties
    Plaintiff vs. Defendant
  • Standard of Proof
    Balance of Probabilities
  • Burden of Proof
    Plaintiff
  • Outcome
    Monetary compensations, fines and potentially jail
  • Decision
    Liable or not liable
  • Definition of Civil Law
    Disputes between two or more individuals or groups where an individual’s or group’s rights have been infringed
  • Aim of Civil Law
    To return the party whose rights have been infringed back to the position they were in before the wrong was done
  • How does Civil Law work

    When a person or group believes their rights have been infringed, they can sue the person who has infringed their rights
  • Protection of Rights
    If an individual’s rights are infringed they can take the matter to court and ask for compensation as a way of correcting the wrong
  • Plaintiff
    Bring the defendant to court for damages of loss or injury
  • Defendant
    Caused the injury or loss and being sued
  • Contract Law
    Contract law is the set of rules that govern agreements between parties, outlining their rights and obligations.
  • Negligence
    Negligence in law refers to the failure to exercise the level of care that a reasonably prudent person would in similar circumstances, leading to harm or injury to another party.
  • Defamation
    Defamation law deals with false statements that harm someone's reputation.
  • Nuisance
    Nuisance in law refers to activities or conditions that interfere with the use and enjoyment of someone's property, often resulting in legal action.
  • Trespass
    Trespass in law refers to unauthorized entry onto someone else's property, either physically or by some other means.
  • Remedies
    Remedies in law are the solutions or actions that a court may order to address a legal wrong or enforce a right, such as compensation, injunctions, or specific performance.
  • Contract
    Legally binding agreement between two or more people.
  • Types of Contracts
    Contracts can be in writing or orally spoken.
  • Eligibility to enter a Contract
    One must be over the age of 18, unless for necessity of life or employment. People with a form of mental impairment cannot enter a contract if entered under duress
  • Elements of a Valid Contract
    An offer, Acceptance and Consideration
  • Offer
    A clear and definite proposal made by one party to another, indicating a willingness to enter into a contract under specific terms.
  • Acceptance
    Acceptance in law is when the party to whom an offer is made agrees to the terms of the offer, forming a legally binding contract.
  • Consideration
    Consideration in law is something of value exchanged between parties to a contract, often money, goods, or services, forming the basis for the contract's validity.
  • Counter Offer
    A counteroffer in law occurs when the offeree responds to an offer with different terms, effectively rejecting the original offer and making a new proposal.
  • Invitation to Treat
    An invitation to treat in law is an invitation for others to make offers or negotiate, rather than a binding offer itself. Examples include advertisements and displays of goods for sale.
  • Breach of Contract
    If a party to a contract fails to follow the terms of the contract, the other party can take action for breach of contract.  If a plaintiff is successful, he or she is entitled to a civil remedy.