Unit 4 Civil Law

Question 1

5 types of civil law

Answer 1

Tort law- injuries done by one person to another person’s body, property, or reputation from serious accidents

Family law- marriage, divorce, child custody, support claims, division of property, and adoption

Contract law- failure to pay for work done, something bought but not delivered, and unpaid rent.

Labour law- wrongful dismissal of work or unpaid overtime.

Property law- disputes about ownership of property.

Question 2

Small claims court

Answer 2

An informal and inexpensive way for settling disputes, resolving civil claims of $10,000 or less. Cases are tried by a judge without a jury, where the judge allows both parties to explain their side of the story and not be expected to know legal procedures.

Question 3

What is tort?

Answer 3

A tort is a civil wrong or injury.
Ex.) assault, theft, and trespassing

Question 4

Balance of probabilities

Answer 4

It’s the standard of proof in a civil case, meaning more probable than not. You don’t need complete proof but a belief that it most likely occurred.

Question 5

Litigants

Answer 5

A litigant is one of the parties involved in a civil action (the plaintiff or defendant).
The process of suing is litigation. The parties in the action are the litigants.

Question 6

Statement of claim

Answer 6

The legal document in a civil action outlining the plaintiff’s case.

Question 7

Counterclaim

Answer 7

The defendant’s suit against the plaintiff for damages or other relief.

Question 8

Considerations on whether to proceed and modern fees

Answer 8

Does the plaintiff have a cause of action and strong evidence?
Do you have a valid defence and strong evidence?
Was the action begun within the limitation period?
Is it worth the costs, stress, delay, time uncertainties, etc?
Modern fees: contingency fee (percentage based on how successful the lawyer is), hourly rate, fixed fee (agreed amount prior), costs awards.

Question 9

Out of court settlement

Answer 9

When the parties to a lawsuit settle the case before trial.

Question 10

Examination for discovery

Answer 10

In civil cases, a pre-trial process to learn the other side’s evidence

Question 11

Class action

Answer 11

A single legal action brought on behalf of all members of a group with a common grievance.

Question 12

General damages

Answer 12

Court ordered compensation for proven losses in a civil action.

Question 13

Pecuniary damages

Answer 13

A form or damages where loss can be reasonably calculated.
Ex.) for loss of income and future earnings and the cost of specialized future care.

Question 14

Non pecuniary damages

Answer 14

A form of general damage for losses that don’t include money and are difficult to determine.
Ex.) for pain and suffering and for loss of enjoyment in life.

Question 15

Punitive damages

Answer 15

Compensation to punish the defendant for malicious behaviour.

Question 16

Special and nominal damages

Answer 16

Special damages cover out of pocket expenses occurring before trial like hospital costs, therapy, or ambulance costs.
Nominal damages are compensation awarded as a moral victory to a plaintiff who has not sustained any loss.

Question 17

Aggravated damages

Answer 17

Compensation awarded for humiliation and mental distress

Question 18

Injunction

Answer 18

A court order directing a person to do or not to do something for a specific time period.

Question 19

Contingency fee

Answer 19

An arrangement between a plaintiff and a lawyer where the lawyer will be paid an agreed upon percentage of the money sued at the end of the case.

Question 20

ADR

Answer 20

Alternative dispute resolution- a process designed to resolve conflicts without formal trials.

Question 21

Negotiation, mediation, and arbitration

Answer 21

Negotiation- a process where the parties to a civil dispute try to resolve the issues out of court with or without their lawyers.

Mediation- a process where a neutral third party tries to help the parties settle the dis put out of court

Arbitration- a process where the brutal third party hears from the parties and makes a final decision.

Question 22

Residential tenancy arbitration hearing

Answer 22

Small claims court does not hear about these disputes.
These disputes are settled by arbitrators of the province’s residential tenancy office

Question 23

Settling out of court and reasons not to settle

Answer 23

Settling out of court is an agreement between two parties, not a court order. You know what will happen and you’re not risking the decision of a judge. You also avoid the cost, delay, stress, and uncertainty of legal decisions.

Question 24

Insurance

Answer 24

Protects owners from being ruined by huge judgements. Protects victims by ensuring there’s enough money to pay for them.

Question 25

Negligence, intentional torts, strict liability

Answer 25

Negligence (unintentional tort)- a careless act that causes harm to another, sometimes called an omission. Intentional torts- causing harm by a purposeful action. Strict liability- responsible for harm caused by soemthing that is especially dangerous.

Question 26

Occupiers liability and product liability

Answer 26

Occupiers liability- occupants of land and structures on it may be liable if someone is negligently injured on the premises. Ex.) a landlord doesn’t do anything about the ice on the sidewalk and someone falls and gets injured. Product liability- manufacturers are now held responsible for product defects resulting in injury due to design, lack of hazard warnings, unclear instructions, etc. This occurred after the court case Donoghue v. Stevenson, where decaying snail was found at the bottom of a ginger beer.

Question 27

Bailment

Answer 27

If you agree to care for someone’s property temporarily, that’s known as bailment. You must take responsible care of the property.

Question 28

Malicious prosecution, trespass to land, and private nuisance

Answer 28

Malicious prosecution- this tort occurs when someone deliberately makes false allegations to the police for improper motives. Trespass to land- occurs when someone enters real property (buildings or land) occupied by someone else without permission. Private nuisance- unreasonable indirect interference with someone’s right to use and enjoy their property.

Question 29

Public nuisance, trespass to chattel, conversion

Answer 29

Public nuisance- unreasonable interference with the rights of the general public. It typically occurs when someone blocks highways or something falls from private property to a public road and an injury occurs. Trespass to chattel- when someone deliberately damages moveable property like cars, clothes, tool, or furniture. Conversion- taking, destroying, damaging, or disposing of someone’s property without their permission.

Question 30

Defamation: libel and slander

Answer 30

Defamation is wrongful damage to a person’s reputation. Libel is written, slander is spoken.

Question 31

Breach of contract

Answer 31

If you encourage someone to break a contract they’ve signed, the other party to the contract may suffer. If they do they can sure you for compensation.

Question 32

Deceit

Answer 32

If someone causes a loss by deliberately making a false statement, the victim can sure for compensation under the tort of deceit.

Question 33

Duty of care and standard of care

Answer 33

Duty of care- a specific legal obligation to not harm other people or their property. Standard of care- the level of care expected to determine if a person’s conduct is negligent.

Question 34

Foreseeability

Answer 34

A reasonable person’s ability to anticipate a specific result of an action.

Question 35

Defending of negligence including contributory negligence, voluntary assumption of risk.

Answer 35

Defences- claiming there was no negligence or that the defendant did not owe the plaintiff any duty of care. Claiming the defendant lived up to the expected standard of care. Contributory negligence- when the victim’s actions caused all or part of the damages suffered. Voluntary assumption of risk- the acceptance of factors that may lead to harm or injury.

Question 36

Seizing assets and garnishment and ways to stop a wage garnishment

Answer 36

Seizing assets- apply to the courts to take legal possession of the defendant’s property and sell it to settle the judgement. A court official seizes the asset and tells the defendant. Garnishment- a court order that money owed by a defendant to a plaintiff be paid out of the defendant’s bank account or wages. Ways to stop wage garnishments is paying the judgement owing to the plaintiff, filing a proposal with the court about your payment plans, and filing a personal bankruptcy.