Hsc Legal Studies Unit 2
VCE Legal Studies Unit 2 Exam Chapters (7,8,9,10,11&15)
AREA OF STUDY 2: CIVIL LAW AND AREA OF STUDY 2: THE CIVIL LAW IN ACTION.
1. The difference between civil law and criminal law.
Civil law applies to people in the community who had the wrong things such as civil against each other. Criminal law is someone who commits murder, sexual assault and theft etc. It is the law enforced by police.
2. The need for a hierarchy of courts, i.e reasons
In a court hierarchy, different courts have different responsibilities. Lower courts, such as the State Magistrates’ Courts, hear minor or less important cases wheras the higher courts, like State Supreme Courts and the High Court of Australia deal with serious cases. Each Hierarchy Courts deal with all …show more content…
Know the 3 elements of the civil law of negligence, i.e. duty of care owed, breach of duty and damage as a result of the breach of duty.
Duty of care: It is to maintain and be ensure the safety or well-being of others.
Breach of the duty of care: A person may be liable for negligence in a personal injury case if his breach of duty caused another person’s injuries.
Damage as a result of the breach of duty: The loss or damage suffered by you was caused by the other party’s negligence.
12. A general understanding of the two main cases that developed the law of negligence, Donoghue v Stevenson (1932)- house of lords case and Grant v Australian knitting mills (1936)- high court of Australia case. Know one similarity and one difference between these two cases.
Similarity: The similarities are that both cases talk about something that was involved in the product they have caused from and that the courts have found both cases duty of care meaning that (The snail in the bottle case) the manufacturer could be liable of damages for not selling its products anymore so as (Australian knitting mills) manufacturer have seeked damages as well and that they can no longer sell their garments to there …show more content…
By saying that the person is innocent until proven guilty.
16. The standard of proof in a civil case.
The standard required in a civil case is less strict. A person must only prove that his or hers claims is more probable than not to be successful in a civil action.
17. A general understanding of the broad principles of defamation, nuisance and trespass.
Defemation: Is an written or verbal statement that lowers or puts the persons good reputation down in the eyes of the community.
Nuisance: Theres two types of nuisance; PRIVATE nuisance is an interfere with the right of the person that involves in the community and his homeland. PUBLIC nuisance is an interfere with the rights of the general public; and the main point is to protect the general public from unwarranted disturbances that have been made by the neighbors etc.
Trespass: Trespass is an interfere with a person, land or goods, and is a law dealing with as well.
AREA OF STUDY 3: THE LAW IN FOCUS-CONTRACT LAW
1. The main legal principles of contract law, e.g. intention to create legal relations, invitation to treat, offer, acceptance and
AREA OF STUDY 2: CIVIL LAW AND AREA OF STUDY 2: THE CIVIL LAW IN ACTION.
1. The difference between civil law and criminal law.
Civil law applies to people in the community who had the wrong things such as civil against each other. Criminal law is someone who commits murder, sexual assault and theft etc. It is the law enforced by police.
2. The need for a hierarchy of courts, i.e reasons
In a court hierarchy, different courts have different responsibilities. Lower courts, such as the State Magistrates’ Courts, hear minor or less important cases wheras the higher courts, like State Supreme Courts and the High Court of Australia deal with serious cases. Each Hierarchy Courts deal with all …show more content…
Know the 3 elements of the civil law of negligence, i.e. duty of care owed, breach of duty and damage as a result of the breach of duty.
Duty of care: It is to maintain and be ensure the safety or well-being of others.
Breach of the duty of care: A person may be liable for negligence in a personal injury case if his breach of duty caused another person’s injuries.
Damage as a result of the breach of duty: The loss or damage suffered by you was caused by the other party’s negligence.
12. A general understanding of the two main cases that developed the law of negligence, Donoghue v Stevenson (1932)- house of lords case and Grant v Australian knitting mills (1936)- high court of Australia case. Know one similarity and one difference between these two cases.
Similarity: The similarities are that both cases talk about something that was involved in the product they have caused from and that the courts have found both cases duty of care meaning that (The snail in the bottle case) the manufacturer could be liable of damages for not selling its products anymore so as (Australian knitting mills) manufacturer have seeked damages as well and that they can no longer sell their garments to there …show more content…
By saying that the person is innocent until proven guilty.
16. The standard of proof in a civil case.
The standard required in a civil case is less strict. A person must only prove that his or hers claims is more probable than not to be successful in a civil action.
17. A general understanding of the broad principles of defamation, nuisance and trespass.
Defemation: Is an written or verbal statement that lowers or puts the persons good reputation down in the eyes of the community.
Nuisance: Theres two types of nuisance; PRIVATE nuisance is an interfere with the right of the person that involves in the community and his homeland. PUBLIC nuisance is an interfere with the rights of the general public; and the main point is to protect the general public from unwarranted disturbances that have been made by the neighbors etc.
Trespass: Trespass is an interfere with a person, land or goods, and is a law dealing with as well.
AREA OF STUDY 3: THE LAW IN FOCUS-CONTRACT LAW
1. The main legal principles of contract law, e.g. intention to create legal relations, invitation to treat, offer, acceptance and