Civil Law Civil Law is also considered private law as it is between individuals. It may also be called Tort Law, as a tort is a wrong committed against a person. The Purpose of Civil law is gain compensation for a wrong being committed against you. Some judges may use tort law as a deterrence by assessing a high level of punitive damages. This means that companies or people would avoid doing the action that caused the court case, to avoid a major fine. Courts judge judy 1 Judge judy #2 joe brown Small Claims court: simple inexpensive way to settle disputes concerning money and property Lawyers are not usually involved. Both sides present their story and evidence to the judge and the judge makes a binding ruling. In BC small claims goes to $25,000.00 Provincial Supreme Court: are cases that are more than $25, and are argued by lawyers. May be tried by judge or judge and jury (jurys would only be composed of 6 people). Jurys only need a majority vote for a ruling in civil law. Court of Appeal: Appeal heard by 3 or more judges. Can be unanimous or majority, judges will give reasons for ruling. Federal Court of Canada: deals with civil cases involving: the federal government, income tax, patents, copyrights and trademarks. Supreme Court of Canada: Final appeals court will hear appeals from Federal court of Canada and provincial appeals courts. Trial Procedures : Parties : The two parties involved in a Civil law suit are: Plaintiff : person suing. Defendant : person being sued The process that the two parties are going through is called Litigation, and they are litigants. The burden of proof lies on the plaintiff in civil court however they must only prove balance of probabilities. Must prove this is how the events took place. Plaintiff must determine if they have a cause of action or valid reason for suing. Steps for a civil Suit 1. Plaintiff files a claim included : Their full name and address. Full name and address of the defendant. Amount of money being claimed. Brief clear summary of the reasons for the claim. ** there is a limitation period in which the claim must be filed 6 months from date of incident. 2. Defence or Reply : Defendant can disagree with the suit and outline their reasons why. Must do so within days of receiving the summons or claim. A copy is sent to the plaintiff by the court. 3. Payment into Court : defendant may feel that the plaintiff is owed some money and can pay that amount to the court. Plaintiff can decide to accept of pursue the case. 4. Counter claim : defendant can file a counter claim saying that it was actually the plaintiff who was at fault. 5. Third party claim : Defence can involve a third party to take partial responsibility. (it is not fully their fault). 6. Default Judgment : If the defendant does not respond within the set time limit judgment for the plaintiff is automatic. 7. Out of Court Settlement : at any point either party can make an offer to settle instead of proceeding to trial. 8. Pre Trial conference : Judge meets with the parties to try to come to a settlement prior to trial. Class Action Lawsuits Filed by one or more individuals on behalf of the group. Enable average citizens with common complaint to challenge large corporations. Contingency fee: Usually 10-40% BC set its max fee at 40% Civil Remedies Damages : Try to put plaintiff in same position that they were in prior to the injury. General Damages : Damages that are hard to calculate. Loss of income & future earning or care Damages for pain and suffering (1978 max $100,000.00) Today $315, Special Damages : Compensate for out of pocket expenses already spent prior to trial. Punitive Damages : additional damages awarded to punish the defendant for bad, insensitive, or uncaring behaviour. Aggravated Damages : These damages are awarded when the defendants behaviour is so outrageous, it harms the plaintiff. Nominal Damages : when judge wants to indicate support for the plaintiff and awards a small sum, such as $ Injunctions : Stop an action that the defendant is doing Costs : When the plaintiff wins the case the judge must determine whether to award costs, Normally the losing party is required to pay the legal fees. A contingency fee also exist in Canada except Ontario where the lawyer is paid a % of the winnings if they win and 0 if they lose usually between 30-40%. Enforcement of a Judgement Garnishment : If losing party is owed money by a third party then the judge can force the 3rd party to pay the debt to the court. Wages can be garnished up to 20-30% Seizing assets : Courts can take legal possession of the debtors property and sell it to settle the judgment. Examination of debtor : If the defendant refuses to pay the plaintiff can request an examination of the debtor. The defendant appears in court to determine if they can pay the debt. They usually try to arrange installments