Unit 4 - Civil Law Terms Flashcards
What is civil law?
Outlines personal & private relationships b/w persons & organizations
What are the two sides in a civil law dispute?
plaintiff - person/party launching action
defendant - person/party being sued for harm, loss, injury
What are the seven categories under civil law (private law)?
Family, Commercial, Contract, Tort, Property, Estate, Labour Law
What is a tort?
A wrong (Civil wrongs occurs when an individual is harmed by actions of another individual)
What is the legal term for the process of suing someone in court?
civil litigation or litigation
What is the reward called when one individual successfully sues another individual in court
A remedy (or compensation, usually money)
What is the maximum amount an individual can sue for in a small claims court, before it goes to the superior court of the province?
$25,000
How many jury members are allowed in a civil trial at the superior courts of the province?
6 members
What is the most common reason for people taking civil action?
Unpaid debts
What are the parties called in a civil action case?
litigants
What is the maximum amount a minor may sue for in court without parental consent?
$500
What is the burden of proof called in a civil action?
Onus - plaintiff has to prove this
What is the burden of proof in a civil case?
A balance of probabilities - the basis of greater likelihood (one story over another)
What is the document that usually starts a civil action in Ontario?
a Statement of Claim
Is it the governments responsibility to collect from the debtor (losing party) in a civil case?
No - winning party must collect
What are the four types of civil remedies based on compensation?
General Damages (monetary compensation), Special Damages, Punitive Damages, Nominal Damages
What are the two types of civil remedies NOT based on compensation?
Specific performance (fulfill the terms of a contract)
Injunction (forcing workers on strike to go back to work)
What are the three methods of ‘Alternative Dispute Resolution’ (Instead of going to civil court)
- Negotiation
- Mediation
- Arbitration
Injuries that are caused by accident or actions that are not intended to cause harm is called…
Unintentional Torts
Most common type of unintentional tort is called this
Negligence
When you have to take reasonable care to avoid any likelihood of injuring your neighbour, it is called this principle
The ‘neighbour principle’
What are the three elements needed to prove negligence in a civil case?
(NOTE: This is VERY IMPORTANT to know for your case studies that will be on the Quiz)
- Duty of Care
- Standard of Care
- Cause & Effect (Causation)
Torts that happen when someone intentionally means to abuse or cause injury to another person is called this
Intentional Tort
What is the difference between an unintentional and intentional tort?
The element of ‘Intent’
In civil law what is the difference between assault & battery?
Assault - any threat or potential use of violence against another person (does NOT have to be physical)
Battery - Intentional, unauthorized physical contact against another person (does not have to be violent)
Accusations that are unfounded and cause injury to a person’s fame, reputation, or character is called this.
Defamation of Character
What are the TWO types of defamation in civil law?
- Slander (oral statement or gestures that damages a person’s reputation)
- Libel (permanent form statements - written, printed, recorded, or filmed, or depictions, such as cartoons, drawings, or carvings).
What are the seven types of special liability?
- Product Liability
- Occupier’s Liability
- Hosts
- Vicarious Liability
- Strict Liability
- Professional Liability (Medical Negligence)
- Parental Responsibility & Children
People who have a duty of care to help others in need (“Good Samaritans”) are called this
Rescuers
What is the best defence for negligence?
Situation did not exist, or was not there
If both the plaintiff and the defendant are negligent to
some degree and damages are divided between them, it is called this
Contributory Negligence
A fan struck, and injured, by a hockey puck at a game cannot sue the hockey player because of this type of defence
Voluntary Assumption of Risk
Injury of loss that may result from a situation that is unavoidable, no matter what precautions the reasonable person would have taken under the circumstances is called
Inevitable Accident
The three classes of people who could enter a property according to establish a standard of care or Occupier’s Liability are called:
- Invitees
- Licensees
- Trespassers
A defence that claims an accident was caused by an extraordinary, unexpected natural event is called
An ‘Act of God’
A voluntary agreement between two or more parties, that creates a legal relationship and creates legally enforceable obligations onto the parties is called this
A Contract
No outside parties can enforce a term or condition of a contract. This principle is known as
Privity
What are the four conditions of a contract?
OACT:
- Offer
- Acceptance
- Consideration
- Certainty of TERMS
Minors, Person with mental disabilities and intoxicated persons are not allowed to form contracts based on this principle
Diminished Capacity
In order for a consent to a contract to be valid, both parties have to be ….
Genuine
What are the three ways a married couple can legally divorce in Canada?
- Adultery
- Cruelty
- 1 year legal separation minimum
Are children considered ‘assets’ during the Equalization Payment process?
No - children are NOT assets, they are people
Money that is paid by one spouse to the other after the divorce is complete to compensate one spouse for any financial losses in order to gain self sufficiency is called
Spousal Support
What is the name of the legal enforcement officer in charge of collecting payments from defaulting spouses
The FRO (Ontario Family Responsibility Officer)
How many types of wills are there in Canada?
2 Types:
1) Simple (for the average Canadian)
2) Complex (for those who are wealthy, or own multiple properties/ or own business)
True or False: Children born outside of marriage have the same rights as children born in marriage when it comes to the reading of the will and the distribution of the estate
True
What is the minimum wage in Ontario?
$14.25/hr (adult); $13.40 (student)
What is the maximum amount of hours one can work per-week before you start overtime hours
44 hours a week
True or False: You have a right to know what is hazardous in your workplace and understand safety conditions put in place by the government.
True
This legal document provides all information on workers rights in Ontario
The Employment Standards Act
