Civil Unit of Canadian Law Flashcards
Small Claims Court
- deals with money and property disputes
- no jury allowed
- no lawyer representation
- Dollar limit = $3,000 - $30,000
Provincial supreme court
- Civil disputes above small claims court
- Lawyer representation
- May be tried by a judge with a jury
Court of Appeal
- responsible for hearing appeals from lower courts
- tried by a minimum of 3 judges and a max of 7
Federal court of canada
- Includes cases dealing with federal government, its employees, federal income taxes, patents, copyright and trademarks
Supreme court of canada
- highest court in the country - an appeal court that only hears casess from the federal court and court of appeal
Plaintiff
The one who sues
Defendant
the one being sued
Litigation
Process of suing
Litigant
The parties sueing
Litigation Gaurdian
A legal guardian acting on behalf of a minor (less than 18 years old)
Counterclaim
A claim filed against oppposing party after original claim is filed
Third party claims
Multiple people involved in claim (mechanic failing to fix breaks, causing car to crash into a truck)
Default judgement
if defedant does not reply within 10 - 30 days, plaintiff automatically wins the claim
Out of court settlement
Plaintiff and defendant settle dispute outside of court
General Damages
- need to be calculation and require court judgement
- judge must consider what future income the victim would have had
Special Damages
Debt the plaintiff had leading up to the trial
- lost wages between incident and trial
- health and services
- the defendant must pay these calculated expensive if proven guilty
Punitive Damagaes
Court wants to penalize defendant for negligent behavior
- done for public so crime wont repeat
- usually used for intentional torts
Aggravated Damages
Awarded when a defendants behavior hurts the plaintiff as compensation
- Similar to punitive but meant to compensate victim rather than teach society
Nominal Damages
Result in a very small total ($1 - $100)
Injunctions
Non cash compensation award where a certain condition is met
Costs
Defendant pays court and legal fees of other party, (contingency fee system)
Garnishment
Required when a court is needed to oblige a third party to make a payement into court towards the losing defendant
Seizing Assets
required when a debtor cannot settle payment (property will be seized to resolve debt by baillif who in turn advices the defendant)
Examniation of the debtor
Last option for someone who cannot owe up to debt.
request of “emanimation of the debtor” And they will be questioned in court to determine assets, incomes, etc, (establish payement they can afford)
