Civil Law
What does "tort" mean?
"A Wrong" (in French)
The court to resolve civil claims of $10 000 or less.
Small Claims Court
What is the process of Suing called?
Litigation
How many types of Damages are there?
5
What are the 3 common types of ADR?
Negotiation, Mediation, Arbitration
Name 2 Torts
Negligence, battery, false imprisonment, trespass, nuisance, defamation (libel, slander),
What is it called when the defendant sues against the plaintiff for damages or other relief?
Counterclaim
What is the standard of proof in a civil case called?
Balance of Probabilities
What are the types of Damages?
General, Special, Punitive, Aggravated, Nominal
How many parties are involved in a Negotiation process?
2
The civil counterpart to "break and enter"
Trespass to land
Provide 2 disadvantages of using Litigation instead of an ADR process.
Takes months to years, can be costly, proceedings conducted in public and may be reported by media, resolution may result in divided feelings - winner and loser
What is the document the plaintiff files to begin a civil action?
The Claim
Name the 3 options available to help plaintiffs receive payment.
Garnishment, Examination of the Debtor, Seizing Assets
What is a disadvantage of arbitration?
If arbitration is binding, both sides give up their right to an appeal.
Arbitrators do not strictly follow legal standards as do Judges in Civil Court.
Criminal and/or Civil? Peter Rabbit stole carrots from Mr. McGregor’s garden.
Both: Criminal/Theft
Civil/Conversion
This provides the last chance for the parties to resolve the dispute before trial
Pre-Trial Conference
Explain "Balance of Probabilities"
The Judge will decide whose side (Plaintiff or Defendant) is more believable and more likely to be accurate to the truth.
What is an injunction, and when would a plaintiff ask for it?
A court order directing a person to do or not do something for a specific time period.
How are Mediation and Arbitration different?
Mediation - the outcome is an agreement to which both parties are committed. Parties make their own decision, facilitated by mediator.
Arbitration - Arbitrator acts as the decision maker.
Name 4 types of Law that are Civil Law.
Tort law, Family law, Contract law, Labour Law
What is a default judgment?
A default judgment is automatically made against the Defendant if they do not reply to the claim within the required time period. The Plaintiff automatically wins and is awarded a judgment against the Defendant. The court considers that the defendant agrees with the claim.
Provide 3 case factors that are different between Criminal and Civil procedures.
Parties involved, Grounds/reason
Purpose of action, Onus of proof
Burden of proof, Result of action
Action taken if defendant is guilty/liable
What kind of Damage is this: Compensation awarded as a moral victory to a plaintiff who has not sustained any actual losses.
Nominal Damage
List 3 reasons why one might choose an ADR process to resolve a civil dispute.
Takes less time, less formal than litigation, less expensive, conducted in private, resolution may satisfy both parties