Civil Unit of Canadian Law Flashcards
1
Q
Small Claims Court
A
- deals with money and property disputes
- no jury allowed
- no lawyer representation
- Dollar limit = $3,000 - $30,000
2
Q
Provincial supreme court
A
- Civil disputes above small claims court
- Lawyer representation
- May be tried by a judge with a jury
3
Q
Court of Appeal
A
- responsible for hearing appeals from lower courts
- tried by a minimum of 3 judges and a max of 7
4
Q
Federal court of canada
A
- Includes cases dealing with federal government, its employees, federal income taxes, patents, copyright and trademarks
5
Q
Supreme court of canada
A
- highest court in the country - an appeal court that only hears casess from the federal court and court of appeal
6
Q
Plaintiff
A
The one who sues
7
Q
Defendant
A
the one being sued
8
Q
Litigation
A
Process of suing
9
Q
Litigant
A
The parties sueing
10
Q
Litigation Gaurdian
A
A legal guardian acting on behalf of a minor (less than 18 years old)
11
Q
Counterclaim
A
A claim filed against oppposing party after original claim is filed
12
Q
Third party claims
A
Multiple people involved in claim (mechanic failing to fix breaks, causing car to crash into a truck)
13
Q
Default judgement
A
if defedant does not reply within 10 - 30 days, plaintiff automatically wins the claim
14
Q
Out of court settlement
A
Plaintiff and defendant settle dispute outside of court
15
Q
General Damages
A
- need to be calculation and require court judgement
- judge must consider what future income the victim would have had
