Introduction to Remedies (VCE SSCE Legal Studies): Flashcards

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Introduction to Remedies
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Civil dispute

Legal disagreement where party claims rights violated/harmed

Plaintiff

Party who initiates civil action & seeks remedy

Defendant

Party being sued who responds to plaintiff's claims

Who bears burden of proof

Plaintiff - must provide evidence to prove their case

Standard of proof in civil cases

On the balance of probabilities (more likely than not)

Types of parties in civil disputes

Individuals, companies, associations

Children under 18 suing

Need litigation guardian (next friend) to sue for them

Remedy

Legal solution that addresses harm suffered

Civil vs criminal disputes

Civil: private wrongs; Criminal: offences against state

Trademark infringement

Unauthorised use of intellectual property

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