Chapter 7.1 – An introduction to civil law
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Activity


Not all behaviour that is ‘wrong’ is illegal.

Complete to a list of ‘wrong’ behaviour (can include crimes).

What is the impact and outcomes of these wrong behaviours.

Group these behaviours into; crimes, non-legal rules and civil wrongs.

What is the concept of rights and responsibilities.
What are the key differences between criminal and civil law.
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Use each of the points below from the Legal
Studies study design as a heading in your
summary notes
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KEY SKILLS
These are the skills you need to demonstrate:

define key legal terminology and use it appropriately

research and gather information about civil cases, using print and
electronic media

discuss, interpret and analyse legal information

describe the process of law-making through the courts, using illustrative
cases

apply civil law principles to relevant cases.
Can you demonstrate these skills?
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KEY CONCEPT

Civil law can be defined as the body of law that is concerned with private
disputes between two individuals or groups.

Civil law protects individual rights and establishes responsibilities we all must
comply with.
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The need for civil law
Civil law is needed to:

Protect our rights. For example, our right to safely consume the products
we buy, to purchase a good that is not faulty and to enjoy living at home
without constant noise and interruption from neighbours.

Impose a duty on others not to do anything to cause us harm. The duty
not to cause harm is not only imposed on an individual. It also applies to
groups such as football clubs, schools, business corporations and
government agencies. For example, the parents of a 16-year-old boy who
died within hours of being sent home from a Perth hospital, plan to sue the
Department of Health. It was later discovered the boy had both swine flu
and pneumonia.

Provide a remedy such as compensation in the event of a breach of a
civil right. The main purpose of a civil remedy is to return the injured
person to his or her original position before the harm was done.
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Key principles of civil law
Civil law is predicated (based on) upon a number of key principles which we shall
now examine.

A person's rights must have been infringed for a civil dispute to have occurred.

A person must suffer damage or loss as a result of the infringement of their
rights.

Burden of proof. A person who believes his or her rights have been infringed
upon bears the burden of proving a case. In a civil case, the burden of proof
rests with the person bringing the dispute to court. This person is known as the
plaintiff.

Standard of proof. Unlike a criminal case, the standard required in a civil case
is less strict. A person must prove only on the balance of probabilities that his or
her claim is more probable than not to be successful in a civil action.

In civil cases a plaintiff is seeking a remedy. In civil cases, a remedy seeks to
compensate a plaintiff for loss or damage or injury suffered and restore that
person to the position (where possible) he or she was in prior to the
infringement.
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Types of civil law
Civil law covers a broad area of types of conduct that the law has identified as
wrong. These ‘wrongs’ are referred to as civil wrongs. A student may be injured
because of a teacher's carelessness; a patient may be given bad or incorrect
advice by a doctor; an employee may be injured at work as a result of an unsafe
workplace. The harm or injury suffered as a result of a civil wrong can take many
forms, including:

physical injury — for example, broken bones, loss of limbs

nervous shock — for example, post-traumatic stress syndrome, severe
depression

damage to property — for example, damage to a car, fire damage to a house

financial loss — for example, loss of present and future income because of
physical injury or death, loss of company profits

loss of a good reputation — for example, the publication of false statements
that damages a person's reputation.
These types of civil wrongs all come under the umbrella of civil law.
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Tort and contract law
Two main areas of civil law are tort and contract. Let us briefly look at them
now.

The word ‘tort’ originated from the Latin word tortus, meaning ‘twisted’ or
‘crooked’, it is now understood to mean ‘wrong’. The tort of negligence is
concerned with wrongful conduct or omission that causes loss or injury to a
person. Tort also protects our right to enjoy a good reputation through the
tort of defamation, and to enjoy our property and possessions without
interference from others through the torts of nuisance and trespass.

The law of contract is concerned with legal agreements. If one party fails to
carry out his or her side of a bargain, that person can be sued for breach of
contract.
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Your turn
TEST your understanding

Start a “Civil Law Glossary” with the following terms: self-help, negotiation,
out of court settlement, dispute resolution methods, litigation

What is meant by the term ‘burden of proof’?

Explain what is meant by the standard of proof and how and why this
standard is different in a civil trial compared to a criminal trial.

Explain the purpose of civil remedies.

What is the difference between tort and contract law?

Complete activity 5.2 on page 219

For each of the terms below, state the ‘equivalent’ term in civil proceedings:

prosecution

defendant

sanction

fine.
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