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What responsibility do citizens owe to one another?
Civil Law Intro What responsibility do citizens owe to one another?
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What is it? Civil law=private law
Deals with disputes between individuals, between parties (i.e. businesses, government), or between individuals and parties Purpose is to compensate individuals (usually financially)—often receive damages ($) Only the victim can take action (the police cannot bring it to trial) Claims arising from injuries (body, property), family law, contract law, etc.
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Torts
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Torts Tort means “a wrong”
Can be intentional or unintentional (negligent) Some actions may be both a crime and a tort Criminal and civil actions proceed independently of each other i.e. If you break into someone’s property, you are committing the crime of breaking and entering AND the tort of trespassing
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Terms Plaintiff vs. Defendant
Process is called litigation and all parties are litigants Instead of a balance of proof (as in criminal law), we are now dealing with a balance of probabilities. Plaintiff must prove his/her side/story is what really happened Judge decides which side is more credible
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Civil Courts Small Claims Court (“The People’s Court”) Judge only
No lawyers Issues such as failure to pay rent, claims for minor accidents, etc. Provincial Supreme Court We went there! (kind of) Lawyers Judge OR Judge and Jury (6 ppl) Includes serious motor vehicle accidents, division of property after divorce, etc. Federal Court of Canada Civil cases involving the federal gov’t and it’s employees, disputes over income tax, patents, etc. Supreme Court of Canada Only hears appeals that are of national importance in which law must be interpreted
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Watch an example! What type of court is this?
Who is the plaintiff and who is the defendant? What is he/she hoping to achieve? Has the plaintiff proved a balance of probabilities?
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