Unit 5 Civil Law Tort and Dispute Resolution

Civil Law - Introduction Civil law = private law Only important to those parties involved Main purpose – to compensate victims –Victims initiative Civil Action includes claims arising from: –Accidents –Injury –Property –Divorce –Contract…..

Civil Law Introduction continued Victim can bring action against the person who committed the civil wrong – for damages (monetary compensation) Tort “a wrong”

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 crimeAnd also the tort of … Hits another personAssaultbattery Breaks into someone’s property Break and enterTrespass to land Takes someone’s belongings TheftTrespass of goods

Civil Courts Small Claims Court = “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 $3000-$10000

Civil Courts 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 –My be tried by judge or judge and jury (only 6 members – majority vote) –Civil trials with juries are rare

Civil Courts Court of Appeals –Hears appeals from lower courts –Heard by 3 or more judges –Majority decision rules –Judges provide explanations for their decisions 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 –Unanimous or split decision by judges

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 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

Actual Trial Procedure Refer to textbook pages to complete the graphic organizer of the trial procedure.