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Terms in this set (81)
civil law
The branch of law dealing with the definition and enforcement of all private or public rights, as opposed to criminal matters.
What is the goal of civil law?
compensate victims for losses suffered at the hand of another individual or party
ex. a victim may sue someone who has fired them from a job without just cause - victim would be looking for past wages
ex. a victim may sue someone who has fired them from a job without just cause - victim would be looking for past wages
Tort law
a tort is a wrong done to another individual or party
Can an action result in criminal action and civil action?
Yes, charged for break and enter and a civil action suing for trespassing on the land.
small claims
suing for up to $25,000
give an example of small claims
Your best friend borrows $800 and he/she refuses to pay it back. Go to small claims court which is informal and try to sort it out
BC Supreme Court
all cases above $25,000
how long does a case take in BC Supreme Court?
- it can take 4 - 6 years
- judge or judge and jury
- judge or judge and jury
How do you win in the BC Supreme Court?
The judge decides or if there is a jury the majority vote decides
Who are the parties involved in a civil case?
Plaintiff (person suing)
Defendant (person being sued)
Defendant (person being sued)
What are the grounds or reasons for a civil case?
to resolve the dispute and to compensate the victim
In a civil case who has to prove the case? (onus of proof)
plaintiff
In a civil case what do you have to prove? (burden of proof)
balance of probabilities (lower standard - more version is more believable)
What is the result of the case in civil law?
defendant is liable or not liable (pay compensation or not)
What is the action taken if the defendant is guilty or liable in a civil case?
plaintiff awarded some compensation or other remedy