Unit 3 Part 1

Question 1

What is civil law a part of?

Answer 1

Private law

Question 2

Who does civil law regular relationships between?

Answer 2

• between individuals

- between individuals and organizations

Question 3

What is the difference between civil law and criminal law (side of law, who initiates legal action, how is representation handled in court)?

Answer 3

Civil disputes only interest the people involved, whereas criminal issues are of concern to society.
Criminal Offence- public side of law
The victim can call the police, the prosecutor initiates and lays criminal charges and prosecutes on behalf of society.
Civil Tort Case- private side of law
The civil initiates a legal action to sue for damages. They can either represent themselves or hire a lawyer to represent themselves to present evidence of damage.

Question 4

What is the main point of civil law?

Answer 4

To get compensation ($$) for harm.

Question 5

What are the types of civil law?

Answer 5

• tort: injury or property, body, reputation
• family: marriage, divorce, child custody, support claims
• contract: failure to pay for work done
• labour: wrongful dismissal, unpaid overtime
• property: disputes of ownership

Question 6

True or false: some actions can involve both criminal offences and a tort case.

Answer 6

True

Question 7

The ___and___ Court systems work independently of each other, even though they can include the same individuals.

Answer 7

• public

- private

Question 8

What is an example of the private and public courts working independently of eachother but involving the same individuals?

Answer 8

OJ Simpson trial for the murder of ex-wife and her friend.

Question 9

What was the public side of the OJ Simpson trial?

Answer 9

-1994 murder charges for death of ex-wife and her friend

Verdict- acquitted after a 9 month trial

Question 10

What was the private side of the OJ Simpson trial?

Answer 10

• Brown and Goldman families sued Simpson for damages in civil court.
• They were able to introduce evidence disallowed during the Criminal trial
• 1997 SImpson found liable for damages in wrongful death suit.
• 2008 the court upheld an appeal on the judgement
• Simpson was subpoenaed to testify on his own behalf.
• Jury awarded damages of $12.5 million to his children on behalf of their mother’s estate and $33.5 million to Brown and Goldman families in compensatory and punitive damages.

Question 11

Who does a criminal trial protect?

Answer 11

Crown v. individual (prosecuted to protect society, values, morals, etc.)

Question 12

Who initiates a criminal trial?

Answer 12

Crown prosecution (files criminal charges and initiates proceedings.

Question 13

What is the punishment in a criminal trial?

Answer 13

• Guilt leads to prison or find paid to the government

- Meant to deter others from committing the same offences

Question 14

Who has the burden of proof in a criminal trial?

Answer 14

• B.O.P is always on the Crown - they hold the burden (responsibility) for proving guilt beyond a reasonable doubt because the accused is innocent until proven guilty.
• Exceptions: If the accused claims insanity or self defense, the accused then holds he burden to prove that insanity or defense.

Question 15

What is reasonable doubt in a criminal trial?

Answer 15

• Elements of offences must be proven beyond a 98% or 99% certainty of guilt.
• Judge or jurors must be 98% or 99% certain of accused’s guilt.

Question 16

Who or what protects legal rights in a criminal trial?

Answer 16

-Protected by procedural law under s 7-10 of the Charter, including:
> Right to a speedy trial
> Double jeopardy- no second trial for same offence
> No unreasonable searches- must have reasonable suspicion for searches/ warrants
> Accused is not compelled to testify or five self-incriminating evidence against themselves

Question 17

Who does a civil trial protect?

Answer 17

Individual v. Individual (personal relationships)

Question 18

Who initiates a civil trial?

Answer 18

Victim (plaintiff) files the civil law suit

Question 19

What is the punishment in a civil trial?

Answer 19

• Liable verdict leads to payment of defendant to reimurse the plaintiff for damages.
• Punitive damages (in tort cases only).
• If the defendant’s behaviour is egregious and includes:
  1) malicious intent
  2) gross negligence
  3) willful disregard for rights of others
• Punitive damages awarded make a public example of the defendant’s behaviour to deter others from similar conduct.
• The plaintiff may receive nothing if the defendant has no money to or assets (or is able to hide assets successfully).

Question 20

Who has the burden of proof in a civil trial?

Answer 20

-B.O.P is initially on the plaintiff to prove the elements of negligence.
-*If elements prove, B.O.P transfers to the defendant to refute or rebut the plaintiff’s evidence.
-Verdict:
> If the preponderance of evidence (likelihood of guilt/responsibility) favours the plaintiff more than 50% probable, the plaintiff wins and is awarded damages. (This is a low standard of proof, compared to a criminal trial’s need for 99% likelihood of guilt).

Question 21

What is reasonable doubt in a civil trial?

Answer 21

Standard of action is based on what a “reasonable and logical” person would have done.

Question 22

What are the legal rights in a civil trial?

Answer 22

-Procedures not as restricted as in Criminal Law.
> No probable cause needed for searches - lawyers can request documents, access to locations, people, property, etc.
> Lawyers have access to anything that would be inadmissible at a criminal trial so long as “such a demand appears reasonable calculated to lead to discovery of admissible evidence”.
> Can depose no parties (others not directly involved), get documents or access to their property.
> *The defendant must provide information when requested - they must help the opponent collect evidence that will defeat them.

Question 23

List five examples of cases heard in small claims court.

Answer 23

1) Breach of contract
2) Damage to property
3) Unpaid bills
4) Unpaid loans
5) Unpaid rent

Question 24

In a civil action, what does the “balance of probabilities” mean? How does it differ from the burden of proof in a criminal trial?

Answer 24

The balance of probabilities is that the plaintiff is not required to prove the case beyond a reasonable doubt as is required in a criminal tria. Instead, plaintiffs must try to convince a judge that the events most likely took place in the way they claim. The defendant will then try to show that his or her version is really what happened. The judge will then decide.

Question 25

What three options are available to a defendant who has just received a plaintiff’s statement of claim?

Answer 25

1. Accept total responsibility and settle the claim.
2. File a defence, explaining their version of the claim.
3. Do nothing and ignore the claim.

Question 26

What is the purpose of examination for discover and what are its benefits?

Answer 26

The examination for discovery is a question and answer session for the litigants and their lawyers. It’s purpose is to limit the possibility for surprises at trial. Provides information about each side’s case and allows certain parties to reach agreements on certain issues. This reduces court time, saves money, and makes settlement easier.

Question 27

What is a class action lawsuit and what are the benefits of joining such an action?

Answer 27

A class action lawsuit is a single legal action brought on behalf of all members of a group with a common grievance.

• they avoid the necessity for hundreds, or thousands, of people to file similar or individual lawsuits.
• they seek to ensure that people with similar claims are treated similarly.
• they help eliminate common barriers, such as economic barriers, that prevent peopel from pursuing legal action.

Question 28

What is a tort?

Answer 28

A tort is a wrong where someone has suffered harm or injury.

Question 29

How have the principles of tort become established?

Answer 29

Through years of judgments in court decisions.

Question 30

Torts are either___or___.

Answer 30

• intentional

- unintentional

Question 31

What is the most common tort?

Answer 31

Negligence

Question 32

What is negligence cause by? What is there risk of?

Answer 32

Caused by in attention or carelessness leading to potential harm. There is the risk of foreseeable harm, but it is not intended.

Question 33

What are the three key characteristics of negligence?

Answer 33

1) Action is unintentional
2) Action is unplanned
3) An injury results.

Question 34

Does being careless along make someone liable for negligence damages?

Answer 34

No, only if an injury occurs because of it.

Question 35

What are some examples of harm involving negligence?

Answer 35

• car accidents
• consumer injuries because of defective products
• medical malpractice (misconduct)

Question 36

What is an intentional tort?

Answer 36

Harm of loss is caused by deliberate action.

Question 37

What are some examples of intentional torts?

Answer 37

• false imprisonment
• trespass to persons and land
  
  • persons (assault and battery)
  • land (trespassing)
• causing a nuisance
• defaming reputation

Question 38

What is false imprisonment?

Answer 38

Wrongful confinement is a more accurate description. Involves confining or restraining a person without having their consent (*no lawful authority to hold). The plaintiff has to have exhausted reasonable methods of escaping before bringing an action forward in court.
Ex- shoplifting, retirement homes

Question 39

What is trespass to persons and land when dealing with person? What is assault in a tort? What is the element of negligence needed? What is battery in a tort?

Answer 39

Relates to assault and battery.
Assault- when the victim has a reason to believe bodily harm may occur. It is the threat of an assault. Element of negligence needed to be proven is the victim’s fear.
Battery- in tort is trespassing to another person without their consent. It is unlawful, intentional touching that may include kissing, hugging, and touching in a sexual manner.

Question 40

What is trespass to persons and land when dealing with land? What is an example?

Answer 40

The act of entering/crossing another person’s land without permission or legal autority. No damage is needed to occur for trespass to exist. Taking or leaving something from a neighbour’s yard is an example of trespass.

Question 41

What is causing a nuisance? What type of tort is is classified as?

Answer 41

This is unreasonable use of land near adjoining (neighbouring) land causing interference with the enjoyment of others. It is classified as an intentional tort, but actions causing a nuisance may be unintentional. Laws protect the quality of possession of land and its use.

Question 42

What does defaming reputation involve?

Answer 42

False statements that damage another person’s reputation and may cause them financial loss or loss of personal relationships.

Question 43

Is defaming reputation intentional or unintentional?

Answer 43

It can be both intentional or unintentional. (You may legitimately believe what you say and not realize it is false).

Question 44

What are the two levels of demanding reputation?

Answer 44

1. Slander- An informal verbal statement shared only directly affecting those within ear shot. (Said in conversation).
2. Libel- A more formal recorded statement with a wider audience and longer-lasting potential for harm. (Writing online, in newspaper, etc.).

Question 45

What is strict liability?

Answer 45

Sometimes people are held responsible even though they personally did not act negligently or intent to cause harm. Occurs when potential for danger is so high they have a strict level of liability.

Question 46

Why does strict liability exist?

Answer 46

To uphold very strict levels of care to avoid harm.

Question 47

There is no necessary ___ ___ (___ ___ or___) to satisfy elements of negligence.

Answer 47

• mens
• reus
• guilty
• mind
• intent

Question 48

What are some examples of areas requiring strict liability?

Answer 48

-people who keep wild animals, such as tigers and snakes
-demolition contractors who do not have insurance
-someone responsible for supplying to alcohol to minors
Even though precautions are taken, if harm is caused by their action, these people would be legally responsible.

Question 49

What is a sub-category of strict liability, vicarious liability?

Answer 49

This is also liability even though you were not personally responsible for the harm; you are responsible for the person who did.

Question 50

What are examples of vicarious liability?

Answer 50

• if you lend you vehicle to someone, you are liable for any damage they may do with that vehicle
• as an employer, you are liable for anything an employee might do on the job to cause harm to someone else

Question 51

What is the key distinction between an intentional tort and a non intentional tort?

Answer 51

Intent, which must be considered and proven.

Question 52

Wha is intent?

Answer 52

• the true purpose of someone’s action

- what they desire as a result of their action/behaviour

Question 53

When is a individual responsible in an intentional tort?

Answer 53

If the individuals is in control of their actions, they are responsible for any result so long as it is a foreseeable outcome of the act.
Ex. Throwing a snowball at one person.
Intent: to hit the person aimed at
Verdict: liable by intentional tort for any damages cause by the hit, as well as any damages done to others nearby
Verdict: not liable if you were pushed into someone causing damage to them (not foreseeable result of your own action alone)

Question 54

When is an individual guilty in an unintentional tort?

Answer 54

If you brush up against someone in a crowded place, or take a short cut across someone’s property, you would possibly be guilty of unintentional tort because:

• it is not done with intent
• you do not cause serious harm or the fear of harm

Question 55

What are the three types of torts?

Answer 55

• intentional
• non intentional
• strict liability