Unit 4 Civil LawTorts and Dispute Resolution

Civil Law - Introduction• Civil law = Private law

• Only important to those parties involved – state not involved

• Main purpose – to compensate victims

• victims initiate it

• Civil Action includes claims arising from:

• accidents• injury• property• divorce• contract…..

Civil Law Introduction cont’d• Victim can bring action

against the person who committed the civil wrong – for damages (usually monetary compensation)

• Tort = a wrongGreg Monforton…local personal injury lawyer

Crimes and Torts• Some acts may involve both a crime and a tort• Tort law allows the victim to seek some sort of

compensation

If a person It may be a crime of…

And also the tort of …

Hits another person - assault - battery

Breaks into someone’s property

- break and enter - trespass to land

Takes someone’s belongings

- theft - trespass of goods

Civil Courts • Small Claims Court = i.e. “The

Peoples Court”• cases tried informally by a judge• both parties given a chance to tell

their side of the story• not usually represented by a

lawyer• examples include: failure to pay

rent, unpaid bills…• limits on claims vary by province

(approx. $3000-$10,000)

Civil Courts (cont’d)• Provincial Supreme Court

• all those claims above ‘small claims’

• argued by lawyers• examples include: serious motor

vehicle accident, medical malpractice, breach of contract, division of property after divorce

• may be tried by judge or judge and jury (only 6 members – majority vote)

Civil Courts (cont’d)Court of Appeals

• hears appeals from Superior Courts of the Province

Federal Court of Canada

• civil cases involving the government

• examples include: disputes over income tax, copyright, patents and trademarks

Civil Courts• Supreme Court of

Canada• hears appeals from the

federal court and provincial appeal courts that it believes are of national importance

• when a question of the law needs to be decided or interpreted

Trial Procedures• A civil trial is a balance of probabilities – as the

plaintiff, you must prove that the events took place as you claim

• Plaintiff – who is suing• Defendant – being sued• Litigation – the process of suing• Litigants – parties to the action

Criminal and Civil Procedures Compared- copy and complete the following chart

Case Factors Criminal / Public trial

Civil / Private trial

Parties involved

Grounds / reason

Purpose of action

Onus of proof

Burden of proof

Result of action

Action taken if defendant is guilty or liable

Criminal and Civil Procedures Compared

Case Factors Criminal / Public Civil / Private

Parties involved Crown prosecutor vs accused (defendant)

Plaintiff vs defendant

Grounds / reason To determine innocence or guilt of the accused

To resolve a dispute

Purpose of action To punish the offender To compensate the victim

Onus of proof On Crown prosecutor On Plaintiff

Burden of proof Beyond reasonable doubt

Balance of probabilities

Result of action Accused is guilty or not guilty

Defendant is liable or not liable

Action taken if defendant is guilty or liable

Defendant sentences Plaintiff awarded some compensation or remedy

Case Factors Criminal / Public trial Civil / Private trial

Parties involved

Grounds / reason

Purpose of action

Onus of proof

Burden of proof

Result of action

Action taken if defendant is guilty or liable