Mock Trial

Who? What? How? Questions?

Samuel decides to take the computer apart to fix it himself. But he couldn’t solve the problem. So five months later he returns to the store and asks for a refund. The store refuses. Samuel asks his mother to help him file a claim in small claims court. Samuel buys a computer for $2,000. He doesn’t buy the extended warranty. Six months later, the computer breaks down and Samuel takes it back to the store. It takes two months before he gets his repaired computer back. Once home, Samuel still has trouble with his computer. The salesman tells him to bring the computer back to the store again.

Samuel’s Responsibilities The Store’s Responsibilities It must fulfill the promises it made at the time of sale. It must honour the warranty it provides. It must abide by the Consumer Protection Act (legal warranty). Samuel must pay what he owes to the store. Samuel must act in a responsible and reasonable manner.

Warranties A warranty is a kind of promise that something you buy, like a bicycle or a computer, will work the way it should… at least, for a certain amount of time.

What It Is Purpose The small claims court is a court where the rules are more flexible than in other courts. To make justice more accessible. It costs less. It’s easy.

Kinds of Cases Amount The value of the case must be $15,000 or less. Suing someone Asking to cancel a contract Some exceptions… Anyone, except companies with more than 5 employees. Who Can Claim?

Samuel has to file his claim in small claims court because… He’s suing for an amount of $15,000 or less. His case isn’t one of the exceptions. He’s a person. Note : Businesses with 5 employees or less can also go to small claims court.

Who are they? What are their roles?

Can you identify them? 6

Explains the rules of proof and procedure to each side involved in the case Asks each side to explain the facts and their arguments Asks questions Tries to reconcile the two sides

Must convince the judge that his or her version of the facts is true Must give evidence to convince the judge that his or her version is more probable than not

Crazy Computers Must convince the judge that its version of the facts is true Must give evidence to convince the judge its version is more probable than not

Gives information about the steps in the trial Helps each side prepare the necessary documents and forms Calls for the case to be opened and checks whether everyone called to the court is present

Asks people in the courtroom to rise when the judge enters Maintains order during the trial

3 5 Judge Plaintiff Defendant Court clerk Court bailiff Can you identify them?

What It Is Purpose To find a win/win solution To reduce delays It’s free Mediation is a process where a mediator helps people involved in a dispute find their own solution, rather than having a solution imposed on them by a judge.

Defendant Court Clerk Plaintiff Court Bailiff Judge Students (public)

Now that all the “players” have been presented and you know their roles, it’s time to begin the mock trial. The court bailiff can now open the court session … Action!

Court bailiff opens the trial Judge enters Court clerk takes down information Plaintiff and Defendant present their stories. Judge intervenes as the trial unfolds Judgment Mock Trial

Time It Takes Appeal Judgments of the small claims court can’t be appealed. It can take up to 4 months.

Find out what your rights and responsibilities are. Know what resources there are to help you. Decide what you want to achieve. Be on top of things. Communicate clearly. Talk to the right people. Be confident – you have rights!

Resources Conclusion Questions?

Plain language Éducaloi explains the law to Quebecers in language that is easy to understand.