CIVIL LAW & TORTS

Civil Law (Private Law)

• deals with issues that do not affect society directly: is concerned by matters of private or personal concern

• relates to disputes between individuals, or individuals and businesses, governments or organizations

• Main purpose is to compensate victims

TORT LAWWhat is it?!• Latin root: tortus meaning

“crooked” or “twisted”

• A division of Civil Law (all parts of civil law are considered torts except for contractual disputes)

3 Categories of Tort

1. Intentional harms done to people intentionally by the willful misconduct of

another, such as assault, fraud and theft.

2. Unintentional (Negligent) harm done to people generally through the failure of another

to exercise a certain level of care

3. Strict Liability not concerned with the culpability of the person doing the

harm, instead focuses on the act itself: person is responsible for the damages from that act regardless of the level of care exercised or their intentions

Small Claims Court ~“The People’s Court”

• Claims for small debts (in BC up to $25,000)

• Simple & inexpensive way to settle disputes about money or property

• no jury, usually not represented by lawyers

Vancouver Location: UBC Robson Square

 Provincial Supreme Court

• any case in which claim is more than small claims limit (which is…)

• lawyer present

• cases may be complex and require years of preparation

• judge alone or judge + jury

Court of Appeal

• appeals here heard by a panel of three or more judges

• any judge not agreeing with the majority will provide reasons for doing so

 Federal Court of Canada(since 2003: Federal Court & Federal Court of Appeal)

• deals with civil cases involving federal government and its employees

• disputes over federal income tax

• patents

• copyrights and trademarks

• maritime legal disputes

Supreme Court of Canada • highest court in Canada

• a court of appeal that hears only cases from Federal Court of Canada and the provincial courts of appeal

• cases must be:

• of national importance

• AND/OR

• have an important issue/question of law that must be decided or interpreted