The Principles of Justice in a Civil Dispute (VCE SSCE Legal Studies): Flashcards

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The parties
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Plaintiff in civil dispute

Person/organisation bringing the claim

Defendant in civil dispute

Person/organisation defending against the claim

Burden of proof (civil)

Plaintiff must establish facts supporting their claim

Standard of proof in civil cases

Balance of probabilities (more likely than not)

Party control principle

Each party has complete authority over how case is conducted

Discovery in civil proceedings

Obligation to disclose relevant documents to opposing party

Lay evidence

Testimony by ordinary people about what they witnessed

Expert evidence

Qualified professionals offering specialised opinions

Examination-in-chief

Questioning own witnesses to establish facts for the case

Cross-examination

Questioning opposing party's witnesses to test credibility

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