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CIVIL LAW - Coggle Diagram
CIVIL LAW
KEY CONCEPTS
Standard of proof
The standard of proof is determined on the balance of probabilities. A jury or judge will decide in favour of either the plaintiff or defendant based on this balance.
Burden of proof
The burden of proof is held by the plaintiff, the individual who claims that their right have been infringed.
Causation
Refers to the correlation between one event and another, which directly caused the civil wrong which occured.
Loss/injury
Refers to the damage/loss that the plaintiff has sustained, directly as a result of the civil wrong. This may either be physical, mental or in another (non)tangible factor, ie. loss of contract.
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TYPES OF CIVIL LAW
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Defamation
A type of tort law which involves the action of damaging an individual's personal or professional reputation or image in the community through false or untrue statements and information.
Elements to be proven:
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The publication caused, or is likely to cause, serious harm.
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DEFINITION OF CIVIL LAW
Dispute between individuals or groups where one party (plaintiff) claims their rights have been infringed, loss/injury has been sustained and the plaintiff is seeking a remedy to be restored to the position they were in prior to their right being infringed.
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PURPOSE OF CIVIL LAW
Civil law aims to achieve social cohesion by providing a guide for acceptable behaviour in society, achieved by protecting the rights of individuals, providing an avenue to seek a remedy using dispute resolution bodies (eg. the court) and provide a remedy.
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