Unit 1 Flashcards
What was the importance of Donoghue v Stevenson?
Prior to this case it was next to impossible to sue another person for negligence if there was not a pre existing contract.
What areas of law does civil litigation include?
contracts, property rights, torts, insurance, etc.
In a criminal case the defendant is found..
guilty
In a civil case the defendant is found..
liable or responsible
Civil cases have numerous _
pleadings
The standard of proof in a criminal case is..
beyond reasonable doubt
The standard of proof in a civil case is..
a balance of probability
Assume you beat up your neighbour because he was playing the drums at 3am. Would a civil or ciminal proceeding have been started if the end result is you going to jail?
Criminal
Assume you sued a friend who borrowed $1,000 from you. You lost the trial and want to appeal. In which court would you appeal the decision?
Supreme Court. The originial trial would have been in provincial court.
The Residential Tenancy Act is a specific enactment dealing with the rights of tenants. The act provides for its own hearings for rental specific cases. What type of adjudication system is used to handle this type of proceeding?
Administrative tribunal
Assume you hate keyboarding. Would working for a lawyer who specializes in personal injury or defending drunk drivers result in less paperwork for you?
The lawyer who specializes in criminal. There are no pleadings.
Assume a judge is hearing a case. evidence is presented against the defendant. the judge feels that there is just barely more evidence supporting the case against the defendant than the evidence supporting the case for the defendant. What would be the outcome in criminal court? Civil court?
in criminal court the defendant would be found not guilty. in civil court the defendant would be found liable.
