Introduction to Civil Law CLU 3MR Lesson 24

Civil Law Learning Goal: Explain how civil law is used in Canada. In the News Note and discussion Worksheet to complete

New Vocabulary Use the Glossary (starting on page 606) to write the meanings and significance of these terms: Arbitration injunction Balance of probabilities litigation Class action general damages Default judgment punitive damages Garnishment special damages tort

Unit 3: Civil Law Resolving Civil Disputes Civil Law = Private Law Regulates disputes (arguments) between individuals or individuals and organizations Doesn’t necessarily impact society Sub-categories: Tort Law, Contract Law, Family Law, Labour Law, & Property Law Decisions based on “balance of probabilities”: what is most likely to have happened

Tort means “a wrong” (from Latin) An action in which one person causes loss or injury to another person Has become very important today, due to negligence cases Historically, only dealt with intentional wrongs such as trespass

Tort Law includes real property, possessions, animals, sports, reputation, etc. product of case law decisions made over hundreds of years it changes as society changes study of tort law lets one see how society has adjusted to new ideas some situations can result in a criminal charge and civil action If a person breaks into someone’s property, it may be a crime of break and enter and the tort of trespass to land.

criminal action punishes the wrongdoer while civil action compensates the victim civil action is also a secondary source of punishment as it usually brings attention to the wrongdoer (publicity) large monetary judgments may act as a deterrent

Small Claims Court has a low limit ($25 000 in Ontario) and is informal, in the presence of a judge only Both parties tell their stories Landlord/tenant conflicts, consumer complaints, unpaid wages, minor car accidents, unpaid bills

Process of suing is called litigation The two parties are the litigants (plaintiff and defendant) Minors may sue with the help of a parent or litigation guardian

Trial Procedures Tasks: 1. Complete the worksheet provided using your textbook Be sure to understand the new terminology used; plaintiff, litigation, balance of probabilities 2. You Be the Judge page 369. Respond to the case.