Unit 3: Civil Law Flashcards Preview

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Flashcards in Unit 3: Civil Law Deck (32):
1

Differences between civil and criminal law

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

2

Remedies

General Damages
Special Damages
Punitive Damages
Aggravated Damages
Nominal Damages
Injunctions

3

General Damages

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

4

Special Damages

cover out-of-pocket expenses prior to trial

5

Punitive Damages

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

6

Aggravated damages

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

7

Nominal damages

support to the plaintiff

8

Injunctions

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

9

Defenses for negligence

Contributory negligence
Voluntary Assumption of Risk
Inevitable Accident

10

Contributory negligence

the victim`s actions caused all or part of the damages suffered. (ex. 75% at fault, 25% plaintiff`s fault)

11

Voluntary Assumption of Risk

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)

12

Inevitable accident

an "act of God" through no fault of anyone; unforeseeable

13

contingency fee

agreement upon winning that lawyer receives percentage of the winnings

14

Potential Torts - Negligence

Motor Vehicle Negligence
Occupier's liability
Professional negligence

15

Motor Vehicle Negligence

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

16

vicarious liability

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

17

Occupier's liability

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

18

Professional Negligence - malpractise

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

19

Trespass to Persons + Land Include?

Assault/battery
False imprisonment
Trespass to Land
Nuisance

20

Assault/battery

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

21

False imprisonment

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

22

Nuisance

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

23

Defences for trespasses

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

24

Consent

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

25

Self-defence

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

26

Defence of others

3rd party comes to aid someone in danger

27

Defence of Property

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

28

Legal Authority

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

29

Necessity

boat to safe land = necessity, to reclaim belongings

30

Defamation

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

31

Slander v. libel

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

32

Defence for Defamation

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