BENV - Law_1

In a criminal case, the prosecutor must prove their case on balance of probability.

• True

• False

Answer explanation

If a person breaks the law (e.g. commits fraud, theft, money laundering, etc), the state must prove in court beyond all doubts that the person has indeed done the offence.

In a civil case, there is no concept of punishment

• True

• False

Answer explanation

In civil law, in settling disputes, the aggrieved party will normally be compensated with damages. The objective is different in criminal law where fines and imprisonment are imposed as punishment.

In a civil case, the standard of proof is 'beyond a reasonable doubt'.

• True

• False

Which of the following is a characteristic of a criminal case?

• Disputes between individuals

• Involves the state prosecuting an individual

• Resolution through compensation

• Focus on contractual obligations

What is the primary purpose of a civil lawsuit?

• To punish the defendant

• To resolve disputes and provide compensation

• To incarcerate the defendant

• To enforce criminal laws

Debate on the general merits of the bill takes place at the

• First reading

• Second reading

• Third reading

• Committee stage

• Reporting stage

Answer explanation

The stages are First reading (introduction of the bill with no debates on merits); Second reading (debating on merits of the bill); Committee stage (where the bill will be further scrutinised and evaluated by members of an assigned committee); Reporting stage (where the committee will report back to the House); and finally the Third reading. Please note that the third reading does not come immediately after second reading.

...................are a genuine pre-estimate of losses that are written into the terms of the contract

• Exclusion clauses

• Liquidated damages

• Penalty clauses

• none of the above

Answer explanation

Exclusion clauses are clauses written into a contract to limit or reduce a party's liability in a situation of contract breach.

Liquidated damages are a genuine estimate of what could be the amount to compensate the aggrieved party in a situation of contract breach.

Penalty clause is a included in a contract to punish or penalise a party in a contract when a contract is breached. The courts will not enforce this when it is unreasonable.

...................are meant to clauses build into a contract to punish a party in breach of the contract

• Exclusion clause

• Penalty clause

• Liquidated damages

• None of the above

What is the standard of proof required in a criminal case?

• Preponderance of the evidence

• Beyond a reasonable doubt

• Clear and convincing evidence

• Balance of probabilities

Which of the following is a remedy typically sought in a civil case?

• Incarceration

• Monetary compensation

• Community service

• Probation