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 person It may be a crime And also the tort of …

Hits another person Assault battery

Breaks into someone’s property

Break and enter Trespass to land

Takes someone’s belongings

Theft Trespass 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 Factors Criminal / Public Civil / Private

Parties involved Crown prosecutor vs accused (defendant)

Plaintiff vs defendant

Grounds / reason To determine innocence or guilt of the accused

To resolve a dispute

Purpose of action To punish the offender To compensate the victim

Onus of proof On Crown prosecutor On Plaintiff

Burden of proof Beyond reasonable doubt

Balance of probabilities

Result of action Accused is guilty or not guilty

Defendant is liable or not liable

Action taken if defendant is guilty or liable

Defendant sentences Plaintiff awarded some compensation or remedy

Actual Trial Procedure

• Refer to textbook pages 318-319 to complete the graphic organizer of the trial procedure.