Introduction to Remedies (VCE SSCE Legal Studies): Flashcards
📚Flashcards
Practise the cards
10 cards from this deck
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Practise the cards
10 cards from this deck
Civil dispute
Civil dispute
Legal disagreement where party claims rights violated/harmed
Plaintiff
Plaintiff
Party who initiates civil action & seeks remedy
Defendant
Defendant
Party being sued who responds to plaintiff's claims
Who bears burden of proof
Who bears burden of proof
Plaintiff - must provide evidence to prove their case
Standard of proof in civil cases
Standard of proof in civil cases
On the balance of probabilities (more likely than not)
Types of parties in civil disputes
Types of parties in civil disputes
Individuals, companies, associations
Children under 18 suing
Children under 18 suing
Need litigation guardian (next friend) to sue for them
Remedy
Remedy
Legal solution that addresses harm suffered
Civil vs criminal disputes
Civil vs criminal disputes
Civil: private wrongs; Criminal: offences against state
Trademark infringement
Trademark infringement
Unauthorised use of intellectual property
