Introduction to Civil Law

• Civil Law


  Also known as private law
• Disputes in Civil Law

  • Between individuals
  • Between individuals and organizations such as businesses and governments
• Civil Law


  • Society does not have the same interest in regulating civil disputes as it does with criminal because civil disputes only directly concern the parties involved, not all of society
  • The main purpose of civil law is to compensate for harm
• Damages


  Money award to a plaintiff for harm or injury suffered
• Five Main Branches of Civil Law

  • Tort Law
  • Family Law
  • Contract Law
  • Labour Law
  • Property Law
• Tort Law


  Injuries done by one person to another person's body, property, or reputations and claims arising from serious accidents (a civil wrong or injury)
• Family Law


  Marriage, divorce, child custody, support claims, division of property, and adoption
• Contract Law


  Failure to pay for work done, something bought but not yet delivered, and non-payment of rent
• Labour Law


  Wrongful dismissal from work, unpaid overtime
• Property Law


  Disputes about ownership of property
• Criminal (Crimes) and Civil Law (Torts)


  • Both can include wrongs
  • May involve both a crime and a tort
• Publicly the victim calls the police who may lay charges which are then prosecuted by the Crown attorney according to the criminal code


  Privately the person can also sue under civil law for damages
• If a person hits another person

  It may be the crime of Assault and also the tort of Battery
• If a person breaks into someone's property


  It may be the crime of Break & enter and also the tort of Trespass onto land
• If a person takes someone's belongings


  It may be the crime of Theft and also the tort of Trespass to goods
• Small Claims Court (The People's Court)

  • Very simple cases
  • Informal, inexpensive
  • No jury, only a judge
  • Lawyers can be obtained by a choice
  • Used mainly by businesses
  • The public is responsible for filing a claim by filling out the forms independently
• Examples of Small Claims Court cases

  • Damages to property, recovery of property, breach of contract, claims for minor accidents, unpaid bills
• Plaintiff


  The party who is suing
• Defendant


  The party who is being sued
• Class action


  If more than one person or party has suffered the harm, all injured parties should sue together as plaintiffs in one action
• Litigation


  The process of suing
• Litigants


  The parties in the action (the plaintiff and the defendant)
• Balance of Probabilities


  The standard of proof in a civil case meaning "more probable than not"
• Burden of Proof in a Civil Case


  • The plaintiff must try to convince a judge that the events most likely took place in the way they claim
  • The defendant will then try to show that his or her version is what really happened is true
• Criminal vs Civil Law (Tort Law)


  • In a criminal case, the Crown prosecutes to punish the offender
  • In a civil case, the plaintiff sues to compensate for harm
• • The Crown is responsible for prosecuting criminal action
  • It is the plaintiff's responsibility to bring a civil action
• Case Factors


  • Criminal/Public Law
  • Civil/Private Law
• Parties Involved


  • Crown v. Accused
  • Plaintiff v. Defendant
• Grounds/Reason


  • To determine guilt/innocence
  • To settle disputes equally
• Purpose of Action


  • To punish the offender
  • To compensate for harm
• Onus of Proof


  • The prosecution has to obtain proof and prove the defendant is guilty
  • The plaintiff has to obtain proof and prove balance
• Burden of Proof


  • Guilt must be proven beyond reasonable doubt
  • Prove their case on a balance of probabilities
• Result of Action


  • Accused is guilty or not
  • Defendant is liable or not
• Action taken if Defendant is guilty or liable


  • Jail time, Fine/Charge, Community Service
  • Pay the amount sued for