Unit 4 Civil Law Torts and Dispute Resolution

Civil Law - Introduction Civil law = Private law Only important to those parties involved – state not involved Main purpose – to compensate victims victims initiate it Civil Action includes claims arising from: accidents injury property divorce contract…..

Civil Law Introduction cont’d Victim can bring action against the person who committed the civil wrong – for damages (usually monetary compensation) Tort = a wrong Greg Monforton…local personal injury lawyer

Crimes and Torts Some acts may involve both a crime and a tort Tort law allows the victim to seek some sort of compensation If a personIt may be a crime of… And also the tort of … Hits another person- assault- battery Breaks into someone’s property - break and enter- trespass to land Takes someone’s belongings - theft- trespass of goods

Civil Courts Small Claims Court = i.e. “The Peoples Court” cases tried informally by a judge both parties given a chance to tell their side of the story not usually represented by a lawyer examples include: failure to pay rent, unpaid bills… limits on claims vary by province (approx. $3000-$10,000)

Civil Courts (cont’d) Provincial Supreme Court all those claims above ‘small claims’ argued by lawyers examples include: serious motor vehicle accident, medical malpractice, breach of contract, division of property after divorce may be tried by judge or judge and jury (only 6 members – majority vote)

Civil Courts (cont’d) Court of Appeals hears appeals from Superior Courts of the Province Federal Court of Canada civil cases involving the government examples include: disputes over income tax, copyright, patents and trademarks

Civil Courts Supreme Court of Canada hears appeals from the federal court and provincial appeal courts that it believes are of national importance when a question of the law needs to be decided or interpreted

Trial Procedures A civil trial is a balance of probabilities – as the plaintiff, you must prove that the events took place as you claim Plaintiff – who is suing Defendant – being sued Litigation – the process of suing Litigants – parties to the action

Criminal and Civil Procedures Compared - copy and complete the following chart Case FactorsCriminal / Public trial Civil / Private trial Parties involved Grounds / reason Purpose of action Onus of proof Burden of proof Result of action Action taken if defendant is guilty or liable

Criminal and Civil Procedures Compared Case FactorsCriminal / PublicCivil / Private Parties involvedCrown prosecutor vs accused (defendant) Plaintiff vs defendant Grounds / reasonTo determine innocence or guilt of the accused To resolve a dispute Purpose of actionTo punish the offenderTo compensate the victim Onus of proofOn Crown prosecutorOn Plaintiff Burden of proofBeyond reasonable doubt Balance of probabilities Result of actionAccused is guilty or not guilty Defendant is liable or not liable Action taken if defendant is guilty or liable Defendant sentencesPlaintiff awarded some compensation or remedy Case Factors Criminal / Public trial Civil / Private trial Parties involved Grounds / reason Purpose of action Onus of proof Burden of proof Result of action Action taken if defendant is guilty or liable