Unit 3: Civil Law

Question 1

Differences between civil and criminal law

Answer 1

Criminal: Civil:
Type: Public vs. Private
Defendant committed: crime vs. tort
Dispute: against society vs. btwn individual, business, org,
Parties: crown vs. defendant / plaintiff v. defendant
Onus of proof: crown vs. plaintiff
Burden of proof: beyond reasonable doubt vs. balance of probabilities (more often)
Issue: charged with offense vs. action of claim for injury
Goal: retribution (punish) vs. restitution (compensate)
outcome: accused guilty/not vs. defendant liable/not
If Defendant loses: sentencing vs. plaintiff awarded

Question 2

Remedies

Answer 2

General Damages
Special Damages
Punitive Damages
Aggravated Damages
Nominal Damages
Injunctions

Question 3

General Damages

Answer 3

Cannot be precisely calculated. Require judge
Pecuniary - loss of income and future earnings and cost of specialized care
Non-pecuniary - pain and suffering and for loss of enjoyment of life

Question 4

Special Damages

Answer 4

cover out-of-pocket expenses prior to trial

Question 5

Punitive Damages

Answer 5

aka. exemplary. to punish offender for their malicious behaviour; awarded for intentional torts

Question 6

Aggravated damages

Answer 6

compensate the plaintiff for the defendant’s apalling behavior, intentional negligence

Question 7

Nominal damages

Answer 7

support to the plaintiff

Question 8

Injunctions

Answer 8

court order directing someone to not do or do something for a specific time

Question 9

Defenses for negligence

Answer 9

Contributory negligence
Voluntary Assumption of Risk
Inevitable Accident

Question 10

Contributory negligence

Answer 10

the victims actions caused all or part of the damages suffered. (ex. 75% at fault, 25% plaintiffs fault)

Question 11

Voluntary Assumption of Risk

Answer 11

individuals understand and accept factors that may lead to harm/injury (ex. signing a waiver, needs to have been enforceable, if plaintiff was drunk, people must have taken all steps necessary to ensure this)

Question 12

Inevitable accident

Answer 12

an “act of God” through no fault of anyone; unforeseeable

Question 13

contingency fee

Answer 13

agreement upon winning that lawyer receives percentage of the winnings

Question 14

Potential Torts - Negligence

Answer 14

Motor Vehicle Negligence
Occupier’s liability
Professional negligence

Question 15

Motor Vehicle Negligence

Answer 15

includes regulations, like speed limits or seatbelts
Can be liability on both sides (contributory).
- Liable for passengers, within duty of care
- Failure to wear seatbelt results in contributory

Question 16

vicarious liability

Answer 16

person is held responsible for another person’s tort

- can avoid if owner proves that the vehicle was stolen and driver did not have permission to use it

Question 17

Occupier’s liability

Answer 17

occupier has a standard of duty of care for safety

1. invitee - other than social visit (business)
2. licensee - social
3. trespasser - still owes standard of duty of care

Question 18

Professional Negligence - malpractise

Answer 18

Medical malpractice - negligence (duty of care owed) and failure to get the patient’s informed consent (understands all risks)

Question 19

Trespass to Persons + Land Include?

Answer 19

Assault/battery
False imprisonment
Trespass to Land
Nuisance

Question 20

Assault/battery

Answer 20

victim’s fear is essential; no actual contact is required for it to be called an assault (ex. threats - victim believes)
Battery - unlawful touching of a person without consent

Question 21

False imprisonment

Answer 21

confining or restraining a person without consent; plaintiff must have attempted every escape reasonable., false arrest
- negligent investigation: harmful police investigation

Question 22

Nuisance

Answer 22

Public: interferes with public (ex. protest, blocking public waters)
Private: repeat offences interfering w/rights of individual

Question 23

Defences for trespasses

Answer 23

Consent
Self-Defence
Defence of others
Defence of Property
Legal authority
Necessity

Question 24

Consent

Answer 24

Defendant must show that plaintiff had consented. (not viable for intentional tort)

Question 25

Self-defence

Answer 25

not excessive and reasonable to prevent injury (provoked by other’s harmful conduct)

Question 26

Defence of others

Answer 26

3rd party comes to aid someone in danger

Question 27

Defence of Property

Answer 27

uses reasonable force to eject intruders, Must first ask trespassers to leave. If the trespasser ignores, breaks in force is used,

Question 28

Legal Authority

Answer 28

police allowed to use force/arrest, go with search warrants. industries can release amounts of smoke,

Question 29

Necessity

Answer 29

boat to safe land = necessity, to reclaim belongings

Question 30

Defamation

Answer 30

1. false statement
2. referred to plaintiff
3. heard/read by 3rd party
4. brought economic loss
   - can be un/intentional tort

Question 31

Slander v. libel

Answer 31

Slander - spoken words, sounds, gestures
Libel - visual/audible format like TV, cartoons, etc.
- both can be unintentional

Question 32

Defence for Defamation

Answer 32

Truth - best; justified as true even if it harms rep.
Absolute Privilege - persons in public roles like MP, court.
Qualified privilege - persons who express opinions as part of work. Must be made in good faith (ex. reference)
Fair Comment - media critics permitted to review and criticize performance