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Unit 5 - Coggle Diagram

- - - - Compensatory damages
        
        Aim to redress the increased costs and financial setbacks resulting from the delayed completion.
      - Punitive damages (typically common law countries)
        
        Monetary compensation awarded to an injured party that exceeds the amount necessary for compensating the individual for their losses.
      - Monetary compensation awarded by a court in a civil action, seeks to redress individuals harmed by the wrongful conduct of another party.
    - - A legal remedy where a court orders a party to perform a specific act or fulfil a particular obligation as outlined in a contract.
- - - - Civil laws
        
        On the claimants to prove their claim on the balance of probabilities
      - Criminal law
        
        On the public authority to prove the charge beyond reasonable doubt
    - - General Rule
        
        A person who claims performance of an obligation must provide it. Conversely, the person who claims to be released must justify the payment or the fact that produced the extinction of his obligation
      - Exceptions
        
        Reverse burden of proof
        
        Occurs when, exceptionally, the legal burden of proof is imposed on the defendant.
        
        Presumptions
        
        A legal inference as to the existence or truth of a fact not certainly known that is drawn from the known or proved existence of some other fact.
        
        In this case, a judge draws some consequences from a known fact to an unknown fact.
  - - - Documentary evidence
        
        Very common for evidence to be contained on docments and so parties may wish to adduce such documents as part of their case.
      - Real evidence
        
        Includes physical objects which may be produced in evidence, such as murder weapon, an item of a bloodstained clothing, illegal drugs or stolen goods. Frequently, such evidence requires additional evidence (such as witness testimony) to place it in its proper context.
      - Witness testimony
        
        A witness providing their evidence in person in court and various aspects of witness tertimony are considered later. AT the outset, however, it is important to note that the key advantages of such testimony are that it can be challenged by other side and that the presence of a witness allows the jury to assess thei demeanour
    - - Legal facts
        
        Events or circumstances that occur independently of the will of the parties involved but have legal consequenses. These facts can be natural events or human actions that produce legal effects regardless of the intention behind them
        
        It can be proven by any means
      - Legal acts
        
        Voluntary actions or declarations made by individuals or entities with the intention of creating, modifying, transferring, or extinguishing legal rights and obligations. These acts are deliberate and conscious, and thei legal consequences are determined by the will of the parties involved.
        
        Civil cases
        
        Below 1,500€, any type of evidence can be used
        
        Above 1,500€, written evidence is required
        
        Commercial/business cases
        
        Any type of evidence can be used