Civil Law

Question 1

Damages

Answer 1

Money awarded to a plaintiff for harm or injury suffered.

Question 2

Subdivisions of Civil Law (5)

Answer 2

Tort, Family, Contract, Labor, Property

Question 3

Tort

Answer 3

A civil wrong or injury

Question 4

Small Claims Court

Answer 4

Court to resolve civil claims of 10K or less. Parties often represent themselves and are not expected to know legal procedures - judge hears both sides. Businesses often use this court to collect unpaid accounts from customers.

Question 5

Court Staff while filing a claim

Answer 5

Provide booklets with step-by-step procedures for filing a claim, but cannot provide legal advice.

Question 6

Balance of probabilities

Answer 6

Standard burden of proof in a civil case.

Question 7

Litigation

Answer 7

Legal action to settle a civil dispute.

Question 8

Litigants

Answer 8

Refers to the plaintiff and defendant in a civil case.

Question 9

Minors suing

Answer 9

Anyone under 18/19 that can only sue on their own for up to 500. Above that amount requires parent to act for the minor.

Question 10

Statement of Claim

Answer 10

Legal document in a civil document outlining the plaintiff’s case. It includes name and address of litigants, as well as the amount being sued for and a brief summary of the reason for claim. It is then given to a court clerk (where a fee is paid depending on the amount of money at stake) and given personally to the defendant.

It must be delivered within 6 months, or it must be renewed by a judge.

Question 11

Limitation Period

Answer 11

Civil action must be brought within a certain period of time, usually ranges from 2-5 years.

Question 12

Options for defendant after statement of claim received (3)

Answer 12

1. Accept total responsibility
2. File a defense, explaining his version of the event
3. Do nothing

Question 13

Statement of Defence

Answer 13

Outlines reasons why a defendant disagrees with the plaintiff. This is sent to the plaintiff.

Question 14

Payment into Court

Answer 14

Defendant pays some money to the small claims court office. Plaintiff will decide to accept the amount or pursue the case to get the full amount.

Question 15

Counterclaim

Answer 15

Defendant countersues, must relate to problem that caused plaintiff’s claim.

Question 16

Third Party Claim

Answer 16

Defendant involves third party. It brings another person the defendant feels is responsible and all 3 parties are present. This saves time and money.

Question 17

Default Judgement

Answer 17

Defendant ignores statement of claim, plaintiff awarded full sum.

Question 18

Out-of-court Settlement

Answer 18

Parties settle before trial to save time and money.

Question 19

Pre-trial conference

Answer 19

Litigants meet with judge, who offers their opinion based on each side of the story (this judge is not the trial judge). This is the last chance to settle, and most cases end here. If no agreement is reached, parties proceed to trials.

Question 20

Examination for Discovery

Answer 20

Question and answer session for the litigants and lawyers. it is conducted without any court officials present, and is used to limit surprises at trial. It provides information about each side’s case and allows the parties to reach agreement on certain issues, reducing court time, saving money, and making settlement easier.

All information must be disclosed, or a contempt of court charge may be laid or the case ended

Question 21

Factors considered by court in trial (4)

Answer 21

1. Who was at fault and what caused the injuries/loss?
2. Is that person totally at fault or are both parties to blame?
3. How should damages be determined?
4. How much should the damages be?

Question 22

Class Action Lawsuit

Answer 22

Group of people come together for a common grievance. It makes it easier and less expensive to sue.

Question 23

General Damages

Answer 23

Those that cannot be easily or precisely calculated.

Question 24

Pecuniary Damage

Answer 24

Type of general damage. It is the loss of income/future earnings/cost of specialized future care.

Question 25

Non-Pecuniary Damage

Answer 25

Type of general damage. For pain/suffering/loss of enjoyment of life.

Question 26

Special Damages

Answer 26

Compensation for out of pocket expenses occurring before trial (eg. ambulance, hospital costs, therapy, etc.)

Question 27

Aggravated Damages

Answer 27

Awarded when defendant's behavior harms the plaintiff. Compensates plaintiff for defendant's actions and punishes/deters defendant.

Question 28

Punitive Damages

Answer 28

Additional damages to punish offenders for behavior.

Question 29

Nominal Damages

Answer 29

Awarded when judge indicates support for plaintiff/defendant, and is a very small sum. It is awarded when no money can be awarded, but judge wants to give a litigant a moral victory (eg. trespassing without damage, nominal damage may be given to plaintiff).

Question 30

Injunction

Answer 30

Plaintiff asks for defendant to do/not do something for a specific time period. Failure to comply results in a contempt of court charge.

Question 31

Contingency Fee

Answer 31

Lawyer does not get paid up front, but takes a percentage of the judgement (decided upon beforehand). Usually, the lawyer will ask for a higher fee, since if case is lost lawyer gets nothing.

Question 32

Enforcing a judgement

Answer 32

Up to the plaintiff to collect damages, not the court. Ways defendant pays: - Money - Assets that can be seized and sold - Debt owed to defendant by someone else/wages may be seized and paid to plaintiff.

Question 33

Examination of the Debtor

Answer 33

If defendant refuses to pay, plaintiff forces defendant to appear in court to satisfy the judge as to whether they can settle the claim. Agreement is reached as to how much the debtor can afford to pay, and instalment payments may be arranged if necessary.

Question 34

Seizure of Assets

Answer 34

Court official seizes assets. A set period is given to settle the judgement and redeem the goods, or the goods are sold at public auction, where money is paid to plaintiff.

Question 35

Garnishment

Answer 35

Court order that instructs employer to deduct a specific percentage of wages to pay to the court. (Correct term "garnisheed")

Question 36

Who pays for case

Answer 36

Usually, losing party pays fees and other expenses of successful party. The judge may choose to only have part of the costs covered.

Question 37

Alternative Dispute Resolution (ADR)

Answer 37

Process designed to resolve conflicts without formal trials. Parties usually negotiate first before mediation (mediator only gives suggestions). If parties still do not agree, arbitrator acts as as the final say.