Civil Disputes
Civil Law is known as Private Law. Regulates disputes between individuals; between parties; and between individuals and parties. The main purpose of Civil Law is to compensate victims.
Civil Actions include but are not limited to the following: Claims arising from accidents; Injuries done by one person to another s body, property, or reputation; Adoptions; Failure to pay for work done; Non-payment of rent; Divorces, child custody, and support claims; Unpaid debts.
The victim may bring an action against the person who committed the civil wrong for damages, or some other civil remedy.
Tort Law Tort Law is a major division of Civil Law. Tort means a wrong that is negligent. A person who is found guilty of the criminal offence of assault may have a civil action (the tort of battery) filed against him/her in order to compensate the victim.
Some examples of an action resulting in a crime and a tort: If a person Hits another person It may be the crime of Assault And also the Tort of Battery Breaks into someone s property Takes someone s belongings Break and Enter Trespass to Land Theft Trespass to Goods
Compensation usually translates to money It is the responsibility of the injured party to bring the action. The action will be heard in a civil court; and if satisfied, the court will award damages which it deems suitable. Criminal courts and Civil courts proceed separately from one another. It is up to the person who files the action to prove that significant damages have occurred. (Reverse Onus)
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 party who is suing Defendant party being sued Litigation the process of suing Litigants parties to the action
Criminal & Civil Procedures Compared Case Factors Criminal / Public Civil / private Parties involved Crown vs. Defendant Plaintiff vs Defendant Grounds / Reason To determine if accused is guilty or not guilty To resolve a private dispute Purpose of Action To punish the offender To compensate the victim Onus of Proof On the Crown On the Plaintiff Burden of Proof Beyond Reasonable Doubt Balance of Probabilities Result of Action Action taken if defendant is guilty or liable Accused is guilty or not guilty Variety of sentence options Defendant is liable or not liable Plaintiff awarded compensation or remedy
Homework Use Law in Action, pages 337 346, to complete the following: Define the following terms: Litigant Plaintiff Damages Guardian ad litem Pleadings Balance of Probabilities (as opposed to beyond a reasonable doubt as burden of proof Summarize the stages in a civil action Complete BYU questions 3, 6, 7, 8