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31 Cards in this Set
- Front
- Back
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Reasons for a civil action |
1. Torts (civil wrong) 2. Breaches of contract 3. Unpaid debts 4. Consumer problems 5. Landlord/ tenant disputes 6. Property disputes 7. Family matters (child custody) 8. Bankruptcy |
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The plantiff |
The person suing the defendant |
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The defendant |
The person being sued |
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Litigation |
Process of being sued |
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Litigants |
Parties involved in litigation |
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The burden of proof |
-The burden of proof rests on the pontiff to prove their case -does not have to prove the case beyond a reasonable doubt |
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Balance of probabilities |
The judge decides which case is more convincing |
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Cases that involve $10 000 may |
Be with a jury Verdict is based on majority |
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Stages in a civil action |
1.causes of action 2. Writ of summons 3.statement of defence |
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Causes of action |
Complaint/ reason for suing |
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Causes of action |
Complaint/ reason for suing |
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Writ of summons |
-in some provinces, this starts the civil action (Ontario/ B.C) -is a document issued by the court and informs the defendant of the summary of the reasons for the claim and orders them to respond -outlines the facts and the remedy desired (what the plaintiff wants to see happen) -if any information is missing, the defendant can ask for particulars- more info that allows the defendant to prepare a defence. Particulars specifically define the isssues |
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Statement of defence |
The defendant reply to the plaintiffs complaint Outlines the defendant reasons for disagreeing with the claim |
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Options available |
1. Payment to court 2. Counterclaim 3. Third party claim 4. Default judgement 5. Out of court settlement 6. Pre-trial conference 7. Examination for discovery |
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Payment for court |
Pay some parts |
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Counterclaim |
States that they actually feel the plaintiff is at fault |
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Third party claim |
May involve someone else they think is responsible for the dispute |
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Default judgement |
If the defendant doesn't reply within a specified time, a default judgment can be made against them: the plaintiff wins |
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Out of court settlement |
Both parties can settle anytime: saves money and time |
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Pre-trail conference |
Informal meeting with both parties; last chance to settle out of court (mostly for serious civil cases) |
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Examination of discovery |
(Higher courts) Formal pre-trail meeting of parties Evidence is given under oath |
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Civil remedies |
Money compensation 2 types 1.pecuniary damages: monetary compensation for losses (calculated) 2. Non-pecuniary damages: compensation for losses that can't be measured in dollars, but are compensated with money Ex. Humiliation or distress |
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To help obtain payment |
1.examination of a judgment debtor 2. Garnishment 3. Execution/ seizure |
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To help obtain payment |
1.examination of a judgment debtor 2. Garnishment 3. Execution/ seizure |
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Examination of a judgment debtor |
Defendant gets questioned under oath to find out about their assets (what they own, bank account, where they work and what they earn) |
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Garnishment |
Court can order that a percent of the wages earned by the debtor can be taken and paid to the court until the total has been paid |
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Execution/ seizure |
Last resort: assets can be seized and then sold to settle the judgment (will be notified first) |
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Alternative dispute resolution |
Ways to settle disagreements other than by litigation 1. Negotiation 2. Mediation: 3rd party helps to make an agreement 3. Arbitration: 3rd party makes decision |
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Negotiation |
A process whereby both parties communicate to reach a mutual acceptable agreement |
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Mediation |
A process in which a neutral third-party gets involved to bring opposing parties to an agreement Facilitates the process by keeping negotiation on track and creates a sense of fairness |
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Arbitration |
A process in which a third-party here's both sides of the dispute and makes a binding decision that has to be obeyed Must be formal One party wins |
