civil law/private law ms. ripley law 12. civil law – law that governs the relationship between...
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Civil Law/Private Law
Ms. Ripley
Law 12
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CIVIL LAW – law that governs the relationship between individuals
Civil law deals largely with private rights and obligations. These include:
Contractual rights Property rights Torts (civil wrongs)
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Parties are called litigants (Litigation is the action) Plaintiff- party that initiated the legal actionDefendant-litigant against whom the action is takenie: McFadden v. Harris Onus is on the plaintiff to prove the case on a “balance of probabilities”-the weighing of evidence to decide whether it is the plaintiff’s or the defendant’s version of the events that is more convincing.
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Did you know that…
Persons under the age of majority (19 in NS) cannot sue or be sued in their own name. A minor who wishes to sue must be represented by an adult, known as a next friend. If an infant or a person “under a disability” is sued, the court will appoint a guardian or adult to act as the minor’s representative. This person is also known as a “guardian ad litem”.
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The proper court:
Remember: $15000 or less – Small Claims
Court More than $15 000- Superior
Court/Provincial Court
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Class action suit – a lawsuit initiated by a group of people over a complaint common to all.
Examples?
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KINDS OF CLAIMS
GENERAL DAMAGES SPECIAL DAMAGES PUNITIVE DAMAGES NOMINAL SPECIFIC PERFORMANCE INJUNCTIONS
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GENERAL DAMAGES
I Pecuniary – monetary compensation for losses that can be calculated based on how much money the plaintiff lost.
Example: car accident victim that confines the victim to a wheelchair for life. You can sue for damages to replace the car and also loss of future earnings.
Q: How would age play a factor in complicating this matter?
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GENERAL DAMAGES II Non-pecuniary – terrible personal loss
which does not involve an actual loss of money and is difficult to quantify.
Example: pain and suffering, loss of a loved one, mental anguish, aggravated damages (humiliation or distress) CAN A PRICE BE PUT ON THESE?
Judges will usually make the monetary compensation based on rule of precedent.
However, there is a maximum of $280 000 (recently increased from $100 000 due to
inflation) WHAT DO YOU THINK?
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SPECIAL DAMAGES
-compensation for out of pocket expenses
Example: medication, therapy, ambulance services, medical expenses, lost income (fixed period of time), car repairs
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PUNITIVE DAMAGES
– punish the defendant for reprehensible /malicious conduct
Example: false imprisonment or arrest, assault, battery, libel and slander
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NOMINAL
-minimal compensation to acknowledge a moral victory
Example: someone was using your land and you wanted them to stay off, you may be awarded $1 for you suffered no loss but merely wanted to assert your rights
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SPECIFIC PERFORMANCE -court order compelling someone
to fulfill the terms of a contract Example: buy a puppy from a
breeder but the breeder changes her mind and gives you your deposit back. You don’t want the deposit, you want the puppy!
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INJUNCTIONS
a court order requiring someone to do or not do something
Mandatory injunction – to do Prohibitory injunction – forbid to do*These may be permanent or temporary
Example: apply dangerous chemicals, copyright trademarks, force striking workers to return to work
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ENFORCING A JUDGEMENT
You are on your own. The court doesn’t cut a cheque.
But….if the defendant doesn’t pay you can take the following steps:
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ENFORCING A JUDGEMENT
Examination of a Judgment Debtor – being questioned under oath to find out about the debtor’s assets
Garnishment – courts can order a % of wages, bank accounts be deducted to pay to plaintiff
Execution or Seizure – sheriff seizes assets of debtor and sells them
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Alternative Sources of Compensation I Motor Vehicle Liability Insurance –
money from the insurer of the defendant’s vehicle (only in motor vehicle accidents)
Problem: not everyone has liability insurance II No Fault Insurance – provides
immediate funds without evidence of fault III Worker’s Compensation – provincial
Workers Compensation Fund IV Criminal Injuries Compensation –
criminal injuries compensation boards have been created to compensate innocent victims when the assailant doesn’t have any assets or insurance.