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intro to civil law
| Question | Answer |
|---|---|
| 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) |