Key Concepts in the Victorian Civil Justice System (VCE SSCE Legal Studies): Flashcards
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Practise the cards
10 cards from this deck
Burden of proof
Burden of proof
Obligation to prove the facts of the case
Party with burden of proof (usual)
Party with burden of proof (usual)
The plaintiff
Standard of proof in civil cases
Standard of proof in civil cases
Balance of probabilities
Balance of probabilities means
Balance of probabilities means
Version of events >50% likely to be true
Burden of proof when defendant files counterclaim
Burden of proof when defendant files counterclaim
Defendant bears burden for their counterclaim
Burden when defendant raises contributory negligence
Burden when defendant raises contributory negligence
Defendant must prove this defence
Civil standard vs criminal standard
Civil standard vs criminal standard
Balance of probabilities vs beyond reasonable doubt
Result if party fails to meet burden of proof
Result if party fails to meet burden of proof
They lose the case
Reason plaintiff bears burden of proof
Reason plaintiff bears burden of proof
They initiate legal action/make the claim
Contributory negligence defence
Contributory negligence defence
Plaintiff's actions contributed to their harm