What are
What should people do if a trespasser makes them feel threatened?
Use lethal if your life or others are in danger.
What if a contractor slips and falls on your property without insurance? Does he have the right to file a lawsuit against the homeowner?
Yes
What is a hate crime?
a crime, typically one involving violence, that is motivated by prejudice on the basis of ethnicity, religion, sexual orientation, or similar grounds
The Trial
If no settlement is reached, the parties go to court where they will be tried by either a judge alone or a judge and jury of 6 people.
What does the Canadian justice system use?
English Law
What are the compensation remedies
Garnishment - Seizing assets - Examination of the debtor.
Do the plaintiff and defendant have the right to settle their dispute outside of the court if you can convince them to do so?
Yes
What are the two remedies
Injunction
Costs
Civil Procedure in Higher Courts What does "Occupier" Liability mean?
A claim in higher courts is called a statement of claim
Tort and Compensation are
Tort: the wrongful act that could be either intentional or unintentional within civil law
Compensation: Usually in the form of money, awarded to the victim as a recompense for injury or loss
What are the alternative dispute resolutions
Negotiation - Arbitration - Mediation
What if you are caught vandalizing a school is that a federal crime or hate crime
Hate Crime
What is a civil action or suit
A civil action or suit starts when individuals or corporations disagree on a legal matter, such as the terms of a contract or the ownership of a piece of property. A civil suit can also result if someone is injured or property is damaged
Third Party Claim
Another option the defendant has his to shift part or all of the blame to a third party, the defendant would do this to try and split the claim with the third party.
The victim may bring action against the instigator by seeking _______ monetary compensation for the wrongdoings
damages
Do you need to give "consent" to a doctor to have a procedure on you.
What if you get pulled over with a minor not wearing his seatbelt? Does the officer have the right to arrest you?
No
What does ADR stand for
alternative dispute resolution
Default Judgement
If the defendant does not reply to the claim within 10 or 30 days depending on the province, the Plaintiff automatically wins the case and gets the full amount claimed.
May you be charged with a criminal level and civil?
During an incident, you may be charged on both a criminal level AND a civil level
What are Plaintiff - Defendant - Litigation - Litigant - Minor - Litigation Guardian - Limitation Period
Plaintiff- The one who is suing
Defendant- The one who is being sued
Litigation- Process of suing
Litigant-The Partie(s) suing
Minor- Anyone under the age of 18
Litigation Guardian- A legal guardian acting on behalf of a
Limitation Period:The amount of time from the case in which the action must be made (6 months)
What if you are in a car crash with a minor not wearing the seat belt and the driver gets killed in the crash is the family of the driver liable if not who?
Its a 50 50 The insurance of the deceased man will have to pay and/or the one not wearing the seatbelt
What are the 5 damages which the judge may award to a plaintiff.
-General - Special -Punitive - Aggravated - Nominal.
What is a Counterclaim
A counterclaim is when the defendant sues the plaintiff and
claims an amount to compensate for his/her own losses.
Counterclaim must relate to the original incident.
The action taken for criminal charges and civil charges are taken to different
different courts with different judges at different times