SLO: I can appreciate that our legal system and the rule of law are mechanisms for settling wrongs and repairing damage in a non-violent manner.

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Presentation transcript:

SLO: I can appreciate that our legal system and the rule of law are mechanisms for settling wrongs and repairing damage in a non-violent manner.

The law serves as a mechanism for peaceful resolution of disputes between individuals, through the area of civil law. A tort is a wrongful action committed by one individual or party upon another individual or party, through which harm or damage is inflicted upon the victim of the wrongful action. The goal of tort law is to restore the conditions of the victim to the same state as prior to the tort. However, as this is not always possible, the system of tort law attempts to provide remedies to those suffering injury from unjust actions by another party, through the application of remedies.

The unit introduces the differences between civil and criminal law, and the processes for trials in each. Students explore the various types of torts that may occur, and are challenged to consider their own actions in their relationships with others. Students consider whether they have ever committed, or been victim, of a tort, and assess the conditions under which torts may result in action in civil court.

Civil law governs the legal relationships between individuals, that do not directly involve the crown. Civil law is designed to provide an avenue for settling disputes between individuals according to the rule of law. As compared to criminal law, civil law addresses remedies for wrongs against individuals, rather than punishment or retribution for wrongs against society. Civil law is the constitutional preview of the provincial governments. In most of Canada, it is based primarily upon the system of common law (except for Quebec, where the Civil Code is the basis for civil law), although civil statutes have been developed by provincial jurisdictions as governments deem them necessary for the public good.

In Saskatchewan, examples include areas such as consumer protection and warranties, and no-fault insurance regulation. Most civil law principles originate from two categories of civil law: torts - the area of civil law that deals with wrongs or injuries inflicted upon one party by another, outside of the context of a formal relationship or contract contracts - the area of civil law that deals with people in formal relationships.

In the case of a tort, there is no underlying agreement that establishes the rights between parties, as there is in a contract. In theory, the parties involved are strangers according to the law, brought together only by misfortune which results in the tort action. Therefore, the liability flows not from an agreed upon set of rights and responsibilities as defined in a contract, but rather from the law itself. Torts fall within three categories of subdivision. They include: negligence intentional torts strict liability

1. Why do we not sue someone each time we feel we have been wronged? 2. Under what circumstances might we consider instigating a lawsuit?