Civil Law

Civil (private) Law1How does Civil Law differ from Criminal Law?Criminal Law: punish/rehabilitate offenders & protect society from harmYou vs. the Queen Civil Law:private citizens/organizations can sue for compensation after a harm has been doneYou vs. other private citizen; or You vs. Company/Org./Govnt.Major Areas of Civil Law:Tort LawContract LawLabour LawHousing Law Family Law

2Tort Lawfrom Latin, tortus = wrong the body of the law which will allow an injured/wronged person to sue whoever/whatever caused the injury/wrong

Gained popularityin 19th C. with the emergenceof negligence Remember the snail case?!

Negligence: people are responsible not just for deliberate harmPrior to negligence, torts were only for deliberate harm3Whos involved?

The person suing is the plaintiffThe person being sued is the defendantThey are engaged in litigation The plaintiff is seeking damages

How do judges/juries determine fault? Criminal TrialCivil TrialIn a criminal trial, guilt must be established beyond a reasonable doubtIn a civil trial, guilt is established by a balance of probabilities= judge/jury hear both sides and decide which version of the story seems more likely

Case Example: Page 359: Rudman v. Hollander5Criminal and Civil cases comparedCase Factors Criminal LawCivil LawParties involved Crown attorney vs. accusedPlaintiff vs. defendantGrounds/reasonsTo determine innocence/guilt of accusedTo resolve private disputesPurpose of actionTo punish offenderTo compensate for harmOnus of proofOn the CrownOn the plaintiffGuilt determinedBeyond a reasonable doubtBalance of probabilities Result of action

Accused is guilty or not guilty of crime

Defendant is liable or not liable for damages

Action taken if accused/defendant is guilty/liable

Accused sentenced

Plaintiff awarded compensation

Can it be both Criminal and Civil?Criminal:MurderAttempted murderEtc

Civil:Victims families sue police for negligenceCourts for Civil Lawhigh level civil courts are the same as for criminal lawSupreme Court and Court of Appealbut the low level civil courts are differentIn criminal law, the low level court is the provincial court, whereas In civil law, it is the small claims court

8What is Small Claims Court? SimpleInexpensive Plain languageNo lawyersNo juryJudge assess probability of both stories Maximum $$ value: 25,000 in BCCourt staff can answer questionsTruly the Peoples Court!Maximum $$ vary provincially from 6Gs to 25Gs: Why? Helps people avoid provincial or supreme court t Problem with $$ at 6Gs? Forces people to higher courts

9Plaintiff must have cause of action: a valid reason for suingShows plaintiffs (class action)Shows defendantsInteresting: company suing a companyShows multiple cause of action

Example of cause of action How can you tell this is for a higher court than the small claims?10A Class Action law suitDefinition: a single lawsuit on behalf of multiple people with the same grievance.Benefits: Avoids hundreds/thousands of single casesPeople with similar grievances are treated similarlyEliminates barriers to justice, such as cost, that prevent people from pursuing legal actionDefendant Responses in a civil caseDefendants choose from several possible responses:pay the claim in full to the court submit a defense, summarizing reasons for disagreeingmake a counterclaim, blaming the plaintiff and seeking damagesenter a third party claim, stating that another party is partly or completely responsibleseek an out-of-court settlement, through negotiationno response = default judgment in favour of the plaintiff

12Scenario Options:PayDefenceCounterclaim3rd party claimOut of courtNo responseJohn and Jared are drinking at Jasons house. Jasons lets his friends drink freely. Jared thought it would be funny to give his buddies pot cookies without telling them. Things started to get out of control the more people drank. Around 11, John decided to leave the party worried it was no longer safe. Jared had passed out on a couch. John decided to carry him out to his car and drive him home. While driving home, John looses control of his car and hits a tree. Both John and Jared were hurt to the point that they lost $25,000 in wages. Jared is suing John for the lost wages.

Civil Remedies: 5 kinds of damagesGeneral Damagesfor loss of future income, and cost of carefor pain, suffering, and loss of enjoyment of lifeSpecial Damagesfor expenses the plaintiff incurred before the trial e.g. medical bills, physio, wages already lostPunitive Damagesadditional damages for oppressive, insensitive, or malicious behaviourrarely used if criminal penalties were imposed

14Civil Remedies contdAggravated Damagessimilar to punitive, but used when defendants behaviour is so outrageous that it causes harm to the plaintiffaims to compensate the plaintiffNominal Damages$1-100 awarded by the judgeto show the plaintiffs moral victory when little harm was doneInjunctionsa non-monetary option!instead, orders the defendant to do or not do a specified action

15Witness how remedies differCivil remedies: why some not others?General damagesSpecial damagesPunitive damagesAggravated damages Nominal damagesInjunctions

Most common tort: NegligenceThe elements of negligence:ElementsExamples inthe news storya storea car

Plaintiff is owned a duty of careDuty to provide competent treatmentDuty to ensure store is safeDuty to avoid accident

Defendant breached duty of careProvided incompetent care during child birthFailed to clean up jam spilled on floorDrove unsafely; went through a red light

Plaintiff suffered resulting harm or lossPlaintiff endured unnecessary pain and sufferingPlaintiff slipped on mess and broke hipPlaintiffs car suffered damageWhen is it negligent and when isnt it?When is it negligent and when isnt it?How do we test the severity of the Negligence? Resurface corp. v. Hanke pg. 39421Some Common Torts Negligence: a person has a duty of care that they do not fulfill and harm resultsBattery: unlawful and intentional touching of another person without consent; it is not necessary for there to be an injury for there to be harm It starts at the point of genuine fearFalse Imprisonment: confining a person in a specific area without their consent

22Common Torts contdTrespass to Land: entering another persons land without permission or legal authorityNuisance: one persons unreasonable use of land (behaviour) interferes with the enjoyment/use of adjoining lands by othersDefamation of Character: an attack on a persons reputation that is false, heard by others, and brings the person into ridicule, hatred or contempt23