Unit 1 – Area of Study 3: Civil liability

Outcome 3

Explain the purposes and key concepts of civil law, and apply legal reasoning to argue the liability of a party in civil law based on actual and/or hypothetical scenarios.

Examples of learning activities

• Prepare a list of 15 activities that may come under the heading of civil law that commonly occur in the community. For example, are you liable if your dog barks incessantly and keeps the neighbours awake, or are you liable if you write an abusive note about someone on Facebook? As a class, discuss the key concepts of civil law based on each scenario.
• Create a list of legal terms that relate to both civil and criminal law. Categorise and label each term as criminal law, civil law, or both criminal and civil law.
  Refer to ​Appendix 5 – Where does the term fit? (docx - 69.67kb)
• Collect or create a series of case studies relating to civil court cases. In each, identify the plaintiff and defendant, the type of civil action, the damages sought and which court would hear the case.
  Refer to ​Appendix 6 – Plaintiff vs Defendant (docx - 72.44kb)
• Working in pairs, students are given one piece of the ‘Defamation Jigsaw Activity’. Each piece provides a small section of the whole area of defamation. The jigsaw is then constructed and used as a point of class discussion.
  Refer to ​Appendix 7 - Defamation Jigsaw Research Activity (docx - 152.06kb)
• 
  Investigate and report back to the class about a recent civil case.

• Research the reasons why there may be time limits imposed on issuing a civil dispute. Find out in your research what those time limits are for particular types of claims, and present it in a table.
  Refer to Appendix 8 – Limitations of Action in a Civil Case​ (docx - 65.45kb)
• Investigate the family law that cover relationships. Make notes under the following headings:
  • Marriage and the legal requirements of marriage.
  • Divorce and the dissolution of marriage.
  • The role of the Family Court of Australia.
  Collect case studies about:​​​​
  • ​domestic relationships
  • marriage equality (same sex marriage)
  • pre-nuptials or binding financial agreements
  • alternative marriage arrangements (child brides).
  Refer to ​Appendix 9 – Family Law Investigation (docx - 65.9kb)
• Using the webpage of the Family Court of Australia​ or the Victorian Children’s Court, develop a series of structured questions regarding how disputes are resolved, what types of court orders are available and the typical advice provide​d to participants in a civil case. How well does the Family Court adhere to the principles of justice?

Detailed example

Investigation of a recent civil case

Work in pairs and report back to the class on a significant Australian civil case. The report can be presented in written or oral form.

Access ​ The Australasian Legal Inform​ation Institute AustLII​ website. Locate a recent civil case from the County, Supreme or Family Cour​t section.

Look for cases identifying the surname of the plaintiff and defendant, such as Viccar vs. Attar.

Complete a written or oral report, addr​essing each of the following:

• A summary of the case
• Identification of the rights protected by the civil law
• Explanation of the elements required to establish liability
• Explain the limitations of actions
• Describe the possible defences​
• Explain the role of statute law and common law.

Application and analysis:

• Draw conclusions about the legal reasoning and principles and argue the elements behind the case.
• Cite and argue defences that could be used.
• Evaluate the level of civil liability within the case.
• Evaluate the appropriateness of the outcome.
• ​Was justice delivered?