Civil Courts/Procedures
What is the small claims court known as?
The peoples Court
What is the best defence for defamation?
the Truth
The crime of assault is what tort?
Battery
What is medical negligence called?
malpractice
What does ADR stand for?
Alternative Dispute Resalution
The Provincial Supreme Court has how many jurors?
6
It is considered negligence when the defendant fails to meet the expected standard of care of a (blank)?
Resonable person
I commited a crime of theft what tort does that fall under?
Trespass to goods
Name any 3 defences for trespass?
name 3 out of 5 of these, Consent, Self-defence, Defence of others, legal authority, Necessary
What is the difference between general damages and special damages?
General damages must be determined precisely and require a court decision while special damages is debt in which the plaintiff had leading up to the trial
What is the sole purpose of small claims court?
To compensate the plaintiff
What are the three main characteristics of Negligence?
The action is unintentional, it is unplanned, an injury results
Someone broke into my house, what tort is it under?
Trespass to land
Name all three types of defence for negligence?
Contributory Negligence, Voluntary Assumption of Risk, Inevitable Accident
What is the definition of a reasonable person?
An individual who demonstrates the traits of attention, knowledge, intelligence, and judgement that society expects of its members for the protection of their own interests and the interests of others is referred to as a reasonable person
Explain what an injunction is.
Non-cash compensation award where a certain condition is met. E.g. Teachers have been on strike for the past 2 weeks. An injunction order has been set out to resume teaching. They can be put in jail or receive a fine if they do not comply.
Sandra is on a trip to Florida for her annual winter vacation. Sandra lives in Edmonton all year but decides to get away for the winter because she knows that every winter there are multiple snow storms and Sandra has no interest in the bad weather. Before Sandra left, she had ordered a blanket for her house on Amazon that said it would be delivered 4 days after she left. On day three of Sandra’s vacation, a massive snowstorm hit Edmonton. The following morning the Amazon delivery driver dropped off Sandra’s package and slipped on the ice left behind from the storm, hit his head and passed out on Sandra’s pathway. The driver was rushed to the hospital by neighbours who witnessed the incident. Two days pass and the delivery driver has been diagnosed with a severe concussion and is filing a lawsuit against Sandra because she did not salt her pathway. Sandra says she was on vacation and had no control of her pathway as she was away. In the scenario who do you think won and for what reason?
Sandra could not foresee this situation making her innocent in this case.
Adrian went on television and said that Fred died from an overdose instead of having the cops repeatedly beat him to death. The family of Fred wants to sue Adrian. Do they have a case?
Yes they have a case because Adrian defamed Fred by saying false statements about what happened to Fred as well as the information was also said on television which the general public also knows
Name all four Defences for Defamation
Truth, Absolute Privilege, Qualified Privilege, Fair Comment
Jonathan walks into a shoe store and sees a man wearing all black. He is suspicious of him from the get-go but he doesn’t do anything. Jonathan then sees the man grab a display shoe and throw it into his backpack. Jonathan tries to take action into his own hands and goes over to the man in an attempt to conduct a citizen's arrest. Jonathan causes a scene and as a result, the man gets thrown out of the store by Jonathan. Who is in the right?
The man in black did not yet pass the cash register meaning he is in the right.
Timmy (age 16) wants to sue Ron (age 19) for bullying him. Can he do it alone? Why or why not.
No, As Timmy is under 18 he can not sue or be sued in his name. He needs a litigation guardian, an adult who makes decisions on behalf of the child in a court case.
Candice is driving a car and her friends are in the back, one is wearing a seatbelt and the other one is not. While she is driving she loses control of the vehicle and they crash. The friend that is not wearing the seatbelt gets catapulted out of the car and breaks her back. Candice’s friend now wants to sue her for the damages caused to her by Candice losing control of the vehicle. What type of negligence is this? Will she be successful in the trial and what will the outcome be?
The type of negligence in this scenario is contributory Negligence. Candice’s friend will be successful in the trial because she can prove that she got hurt from the accident while she will not get the full amount of remedies because she was not wearing a seatbelt in the car which contributed to her injuries.
Bart is walking along the street and two people are holding a bat and charging at him. Both of them charge at Bart and begin hitting him with the bat. Before he manages to disarm one of them he ends up getting a broken leg and arm. Once he manages to disarm one of them and get their bat. He then starts to break the disarmed one’s legs. Once the disarmed one is on the floor he continues to break his arms. Then he attacks the one with the weapon and breaks his arms. Once the second guy loses the weapon Bart leaves. Did Bart use a reasonable amount of force when using self-defence? Why or why not
Bart did not use a reasonable amount of force because when he disarmed one of the attackers he continued to break his bones even when he was on the ground defenceless.
Jane is trying to discipline Jenna's child by slapping them on the wrist. Jenna sees this and immediately runs and pushes Jane over. Jane then tries to sue Jenna for battery. What defence should Jenna use?
Defence of others
Alfred is deciding to throw a house party. He invites 10 people over to his party. He asks everyone to bring something that starts with the first letter of their name. When it is time for the party to start Alfred lays out some cups, plates and cutlery. As people enter they place the things they brought on the table. When Jimmy entered he brought some Jack Daniels and Stewie brought some saki. As the party went on people got drunk. When it was time to leave, Jimmy asked Stewie for a ride back home. When Stewie was driving back home he lost control of the vehicle which led him to crash the car which resulted in Jimmy being paralyzed from the waist down. After the medics and cops arrived they breathalyzed Stewie and found out he had a blood alcohol level of 125. Jimmy and his family are going to sue Stewie for the damages to Jimmy after the crash. What will the outcome of the case be?
Since he asked Stewie for a ride back knowing he was drunk he will not be getting the full amount in remedies.