Civil Law: Questions

Question 1

Explain why some actions are both criminal and civil in nature.

Answer 1

Some actions can eb both criminal and civil in nature, because the action may have caused harm to society such as assault, which would then be punished under the criminal code. However, that same act harmed a specific person, under the tort of battery. That person may want compensation for the harm they suffered and would then use civil law.

Question 2

Identify the purpose of tort law.

Answer 2

The purpose of tort law, is to hold people or organizations responsible for the harm they do to others. It gives people a way to deal with this harm in a civilized, controlled manner.

Question 3

Explain why civil litigation may be more successful than criminal prosecution.

Answer 3

Civil litigation may be more sucessful than criminal prosecution because, when prosecuting criminally you must prove guilt beyond a reasonable doubt. However, in civil court, you only need to prove the case on a balance of probabilities, where your case is better or more likely than the other parties.

Question 4

Explain the principles upon which the law of torts is founded.

Answer 4

No idea :/

Question 5

Distinguish between intentional and unintentional torts

Answer 5

Intentional torts were things that someone tries to do, for example false imprisonment. The defendant tried to hold the plaintiff without reason. An unintentional tort would be like negligence.

Question 6

Identify the factors necessary to establish negligence.

Answer 6

The first thing required woudl be, did the defendant owe the plaintiff a duty of care? Second, was the standard of care, that a resonable personw ould be provide, breached by the defendant. Lastly, did the defendant’s actions or failure to act cause the plaintiff’s injuries.

Question 7

Describe the civil action process.

Answer 7

Firstly, we have the statement of claim which is the plaintiff’s claim of what happened and the relief sought. Second, we have the statement of defense which is the defense’s version of the facts. Next, there is the examination for discovery which allows both sides to examine the evidence. Fourthly, we have the pre trial conference