Unit 5: Case Law Flashcards

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1
Q

What is Private Law

A

Dispute involving individuals or parties, does not concern society

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2
Q

What is the Main Purpose of Private Law

A

-to compensate victims, not punish people

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3
Q

How do claims work in Private Law

A
  • Only victim can take action
  • claims deal with accidents, injuries to body, property, or reputation
  • also divorces, child support / custody , adoption
  • unpaid rent/ wages/ debts
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4
Q

What are Torts

A
  • Torts are Civil Wrongs
  • When a person acts in a unacceptable way towards another causing harm or injury
  • Everyone has a Duty to not cause injury to others or harm their property
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5
Q

Types of Torts

A
  • Intention to cause harm ( Assault, battery, or false imprisonment )
  • Interfering with someone’s reputation ( printed, slander, or people speaking )
  • Interfering with Property ( use or enjoyment of someone’s home, business, or possessions )
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6
Q

What is Negligence and What does it include

A
  • negligence is a careless behaviour that creates unreasonable risk
  • including, individuals, parents, drivers, manufacturers, and occupiers ( like store owners, who have control of a place used by others )
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7
Q

What can a person be found negligent for

A
  • if he/she fails to do what a reasonable person would do in the same situation

such as cleaning snow in your driveway

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8
Q

What is Fault

A
  • fault is a essential element of tort law
  • meaning failure to take reasonable care or an intention to cause harm
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9
Q

How does the court determine who bares the fault

A
  • if a person is injured by someone intentionally or by their negligence
  • injured party or plaintiff sued party who caused the harm ( the defendant )
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10
Q

What does the court do if fault is found

A
  • courts are expected to provide a remedy
  • remedy comes in form of compensation called damages ( especially when including money )
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11
Q

What is the Purpose of Fault

A
  • to hold people responsible for their actions
  • educate the public on what’s unacceptable conduct
  • can have the effect of deterrence
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12
Q

Types of Civil Remedies

A

General Damages: cannot be calculated easily or need judge discretion ( loss of income, pain and suffering, future care, loss of enjoyment)

Special Damages: to compensate out of pocket payments before trail for injuries ( after accident, may lose income, ambulance fee, drugs, therapy, rehabilitation or repair )

Punitive Damages: punishment damages for bad behaviour ( intention of deterrence )

Aggravated Damages: * awarded to plaintiff when defendant behaviour is outrageous* ( Punitive = Punishment, Aggravated = Compensation )

Nominal Damages *awarded to plaintiff ( victim ) to support them

Injunction: remedy other than money

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13
Q

What are Contingency Fees

A

system that is in all of canada other than ontario

  • can’t afford to take legal action
  • if lost, lawyer gets nothing
  • if win, lawyer gets money based on % plaintiff gets
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14
Q

What is Garnishment

A
  • remedy with 3rd party
  • if lost, defendant is owed money by 3rd party
  • Plaintiff forces 3rd party to pay the cost
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15
Q

What is Seizing Assets

A
  • taking possession of debater property to sell to settle judgment

-sheriff holds assets

  • held until judgment is settled, if not settled assets will be sold to public
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16
Q

What is Examination of the Debtor

A
  • If defendant won’t pay, examination of debtor starts
  • defendant goes to court to satisfy judge that he has resources to settle claim
  • debtor examined for income, assets, and money owed

-Agreement on how much debtor can pay

17
Q

What Are General Damages

A

General Damages: cannot be calculated easily or need judge discretion ( loss of income, pain and suffering, future care, loss of enjoyment)

18
Q

What are Special Damages

A

Special Damages: to compensate out of pocket payments before trail for injuries ( after accident, may lose income, ambulance fee, drugs, therapy, rehabilitation or repair )

19
Q

What are Aggravated and Punitive Damages

A

Punitive Damages: punishment damages for bad behaviour ( intention of deterrence )

Aggravated Damages: * awarded to plaintiff when defendant behaviour is outrageous* ( Punitive = Punishment, Aggravated = Compensation )

20
Q

What are Nominal Damages

A

Nominal Damages *awarded to plaintiff ( victim ) to support them

21
Q

What is an Injunction

A

Injunction: remedy other than money

22
Q

Types of Civil Courts

A

Small Claims Court: dispute of money between 3000 - 10K | Under 35K

Provincial Supreme Court: disputes over 35K

Court of Appeal: appeal or lower court or tribunal decision

23
Q

What is Cause of Action

A

legal right to start a lawsuit

24
Q

What is Litigation Guardian

A

Person who represents a minor in civil dispute

25
Q

What is a Limitation Period

A

span of time after event where claim can be filed

26
Q

What is a Counterclaim

A

defendants claim in response to the plaintiffs claim