Civil Law Legal Quiz Questions
Questions and Answers
- 1.
What are the two types of injunctions?
Explanation
The correct answer is "restrictive/prohibitive & mandatory" and "prohibitive & mandatory". Injunctions are court orders that require a person or entity to do or refrain from doing a specific action. Restrictive/prohibitive injunctions prohibit a party from doing something, while mandatory injunctions require a party to perform a specific action. Both types of injunctions, restrictive/prohibitive and mandatory, are valid and commonly used in legal cases.Rate this question:
- 2.
Which of the following is specific performance?
- A.
Defendant is required to fulfill the obligations of the contract.
- B.
Defendant is ordered to give an embarrassing public performance as punishment.
- C.
Defendant is ordered to agree to new terms of the contract.
Correct Answer
A. Defendant is required to fulfill the obligations of the contract.Explanation
Specific performance refers to a legal remedy where a court orders the defendant to fulfill their obligations as stated in the contract. It is typically used when monetary compensation is considered inadequate or impractical. In this case, the defendant is required to fulfill the obligations of the contract, which aligns with the concept of specific performance. The other options, such as ordering an embarrassing public performance or agreeing to new contract terms, do not pertain to specific performance.Rate this question:
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- 3.
Tick the boxes that accurately define rescission.
- A.
Plaintiff has to give defendant back any damages.
- B.
Defendant breaches the terms of a contract they had with the plaintiff.
- C.
Contract is terminated, restoring both parties to the positions they were in before the contract (plaintiff doesn't have to meet agreements).
- D.
Defendant is ordered to stay away from plaintiff.
Correct Answer(s)
B. Defendant breaches the terms of a contract they had with the plaintiff.
C. Contract is terminated, restoring both parties to the positions they were in before the contract (plaintiff doesn't have to meet agreements).Explanation
Rescission is accurately defined as the situation where the defendant breaches the terms of a contract they had with the plaintiff, resulting in the termination of the contract. This termination restores both parties to the positions they were in before the contract, and the plaintiff is no longer obligated to meet any agreements. It does not involve the plaintiff giving back any damages or the defendant being ordered to stay away from the plaintiff.Rate this question:
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- 4.
Difficulties that parties may face when solving civil disputes are...
Correct Answer(s)
May not be aware of their rights, laws, legal system.
Language barriers
Pre-trial procedures can cause delays
Paying legal feesExplanation
The difficulties that parties may face when solving civil disputes include a lack of awareness about their rights, laws, and the legal system. This can make it challenging for them to navigate the legal process effectively. Additionally, language barriers can further complicate communication and understanding between parties. Pre-trial procedures can also cause delays in resolving the dispute, prolonging the process. Lastly, paying legal fees can be a significant obstacle for parties, especially if they do not have the financial means to hire legal representation.Rate this question:
- 5.
Legal Aid provides free legal assistance for all areas of civil law, anyone can get legal assistance or legal advice.
- A.
True
- B.
False: only some areas of civil law, strict criteria for legal assistance but everyone can get legal advice.
Correct Answer
B. False: only some areas of civil law, strict criteria for legal assistance but everyone can get legal advice.Explanation
Legal Aid does not provide free legal assistance for all areas of civil law. Instead, it only covers certain areas of civil law. Additionally, while everyone can receive legal advice, not everyone is eligible for legal assistance. There are strict criteria that need to be met in order to qualify for legal aid. Therefore, the statement "False: only some areas of civil law, strict criteria for legal assistance but everyone can get legal advice" accurately reflects the information provided.Rate this question:
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- 6.
Legal Aid is the only way of getting free legal assistance or advice.
- A.
True
- B.
False: Law Aid can also help, pro-bono, no win no fee.
Correct Answer
B. False: Law Aid can also help, pro-bono, no win no fee.Explanation
The given statement suggests that Legal Aid is the only means of obtaining free legal assistance or advice. However, the correct answer states that Law Aid can also provide help through pro-bono services or a no win no fee arrangement. This implies that there are alternative options available besides Legal Aid for individuals seeking free legal assistance or advice.Rate this question:
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- 7.
What are the four reasons for the court hierarchy?
Correct Answer
Administrative convenience, appeals, precedent, specializationExplanation
The court hierarchy exists for administrative convenience as it allows for the efficient handling of cases and distribution of workload. Appeals are another reason for the court hierarchy, as it provides a system for parties to challenge and seek review of lower court decisions. Precedent is also important, as it ensures consistency and predictability in the legal system by following previous court decisions. Lastly, specialization is a reason for the court hierarchy, as different courts specialize in specific areas of law, allowing for expertise and efficiency in handling cases related to those areas.Rate this question:
- 8.
Tick the elements of defamation.
- A.
Plaintiff must be a neighbour of the defendant.
- B.
Plaintiff's position in the community must be reduced because of the comment.
- C.
The comment must be said directly to the plaintiff.
- D.
The comment must identify the plaintiff in someway
- E.
The comment must be made to a third party.
- F.
The comment must be communicated to more than one other person.
Correct Answer(s)
B. Plaintiff's position in the community must be reduced because of the comment.
D. The comment must identify the plaintiff in someway
E. The comment must be made to a third party.Explanation
The elements of defamation include: the plaintiff's position in the community must be reduced because of the comment, the comment must identify the plaintiff in some way, and the comment must be made to a third party. These elements are necessary to establish a claim of defamation, as they demonstrate that the plaintiff's reputation has been harmed by the defendant's statement, and that the statement was communicated to others.Rate this question:
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- 9.
What are the elements of Negligence?
- A.
The plaintiff & defendant must know each other.
- B.
The plaintiff must suffer harm or loss because of the defendant's act/omission.
- C.
There must be a neighbour relationship between the two parties.
- D.
The parties must be next-door neighbours.
- E.
A duty of care must be owed to the plaintiff with the risk being foreseeable, significant & an all reasonable precautions were taken to prevent it.
Correct Answer(s)
B. The plaintiff must suffer harm or loss because of the defendant's act/omission.
C. There must be a neighbour relationship between the two parties.
E. A duty of care must be owed to the plaintiff with the risk being foreseeable, significant & an all reasonable precautions were taken to prevent it.Explanation
The elements of Negligence include the plaintiff suffering harm or loss because of the defendant's act or omission, the existence of a neighbor relationship between the parties, and the defendant owing a duty of care to the plaintiff with the risk being foreseeable and significant. Additionally, all reasonable precautions must have been taken to prevent the harm.Rate this question:
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- 10.
What are the reasons why we need Civil Law?
- A.
To charge guilty parties.
- B.
Allow for avenues to seek remedies where rights have been infringed.
- C.
To waste courts' time.
- D.
Promote a litigious society.
- E.
Protect people's rights.
- F.
Enforce responsibilities.
Correct Answer(s)
B. Allow for avenues to seek remedies where rights have been infringed.
E. Protect people's rights.
F. Enforce responsibilities.Explanation
Civil law is necessary for several reasons. Firstly, it allows for avenues to seek remedies where rights have been infringed, ensuring that individuals can seek justice and hold guilty parties accountable for their actions. Additionally, civil law plays a crucial role in protecting people's rights, ensuring that individuals are treated fairly and their fundamental rights are upheld. Furthermore, civil law helps enforce responsibilities, ensuring that individuals fulfill their obligations and duties towards others. These reasons highlight the importance of civil law in maintaining a just and fair society.Rate this question:
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- 11.
The aggrieved party is called the plaintiff & the other party is called the defendant.
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
The statement is true because in a legal case, the person who initiates the lawsuit is referred to as the plaintiff, while the person against whom the lawsuit is filed is called the defendant. This terminology is commonly used in the legal system to distinguish between the two parties involved in a legal dispute.Rate this question:
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- 12.
A case can only have either a criminal trial/hearing or a civil hearing.
- A.
True
- B.
False: can have both but occur separately
Correct Answer
B. False: can have both but occur separatelyExplanation
This statement is false because a case can have both a criminal trial/hearing and a civil hearing, but they usually occur separately. In some situations, a case may involve both criminal and civil proceedings, where the criminal trial focuses on determining guilt or innocence, while the civil hearing deals with resolving disputes and providing compensation for damages. However, it is important to note that these proceedings are typically conducted separately, with different standards of proof and different outcomes.Rate this question:
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- 13.
Civil law aims to only punish the defendant.
- A.
True
- B.
False: and restore plaintiff to their original position
Correct Answer
B. False: and restore plaintiff to their original positionExplanation
Civil law does not solely aim to punish the defendant; it also aims to restore the plaintiff to their original position. In civil cases, the plaintiff seeks compensation or resolution for a harm or loss they have suffered. The objective is to restore the plaintiff to the state they were in before the harm occurred, rather than solely focusing on punishing the defendant. This may involve financial compensation, returning property, or other forms of restitution.Rate this question:
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Current Version
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Mar 06, 2023Quiz Edited by
ProProfs Editorial Team -
Nov 13, 2012Quiz Created by
RandomChick330
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