Substantive Law Areas

    Subdecks (3)

    Cards (22)

    • Tort Law
      Protects rights from intrusions and invasions. A tort can be divided into three groups:
      1. Intentional: Where intentional conduct is alleged and proven.
      2. Negligence: Where there is an act or commission that is below a reasonable standard of care. This is met through four elements.
      3. Strict Liability: If there is harm in certain circumstances then the party that caused the harm is legally liable. This is me through three elements.
    • What are the four elements to prove negligence tort?
      1. standard of care
      2. duty of care
      3. causation
      4. damage.
    • What are the three elements to prove strict liability tort?
      1. a special or unusual use of land
      2. involves something likely to cause damage if it escapes, and
      3. an escape causing damage.
    • Tort is a civil matter, a civil case, a private law case has to be proven by the plaintiff on what matters?
      Standard Proof: Called the balance of probabilities and "50% plus 1" – the chance of the proposition be true is more than 50%.
    • Public Law
      Deals with the state and its state actors. Governs the relation between people and state.
    • Private Law
      Deals with the relations between individuals.