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intro to civil law

QuestionAnswer
civil law? disputes between private individuals/organization
types of civil law? tort, estate and wills, property, contract, family, employment
litigation? legal actions to resolve civil disputes
litigant? person involved in lawsuit
plaintiff? the party who starts the litigation
defendant? the accused of causing harm
balance of probabilities? 51% standard of proof
criminal vs civil participants standard of proof burden of proof examples of offence examples of penalties R v Smith/ Jones vs Lex beyond reasonable doubt/ balance of probabilities crown/ plaintiff assault/ wrongful death fines/ $$
Minors? may not represent themselves as a plaintiff or defendant minor plaintiff= next friend minor defendant= Guardian Ad Litem
Parents? may be liable for damages caused by child limit of $10,000
Bc schools act? parents may be liable for damages caused by child intentional or not no limit
damages less than $3500 5,000 - 35,000 over 35,000 court civil resolution tribunal BC provincial court BC supreme court
class action lawsuit? a number of people that have the same compliant against a defendant
pecuniary? non-pecuniary? punitive? nominal damages? specific performance? injunction? easily calculated losses not easily calculated losses damages meant to punish the defendant small amount meant to indicate moral victory court order that requires the defendant to fulfill court orders the defendant to start/stop doing something
defendant doesn't pay? garnish defendant wages court order seizure and sale of defendant's assets
Alternative dispute resolution negotiation between plaintiff and defendant mediation (not legally binding) arbitration (legally binding)
Created by: Rashana
 

 



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