Civil Law 民法的.ppt

Civil Law/Private Law Ms. Ripley Law 12 CIVIL LAW – law that governs the relationship between individuals Civil law deals largely with private rights and obligations. These include: Contractual rights Property rights Torts (civil wrongs) Parties are called litigants (Litigation is the action) ? Plaintiff- party that initiated the legal action Defendant-litigant against whom the action is taken ie: McFadden v. Harris ? Onus is on the plaintiff to prove the case on a “balance of probabilities”-the weighing of evidence to decide whether it is the plaintiff’s or the defendant’s version of the events that is more convincing. Did you know that… Persons under the age of majority (19 in NS) cannot sue or be sued in their own name. A minor who wishes to sue must be represented by an adult, known as a next friend. If an infant or a person “under a disability” is sued, the court will appoint a guardian or adult to act as the minor’s representative. This person is also known as a “guardian ad litem”. The proper court: Remember: $15000 or less – Small Claims Court More than $15 000- Superior Court/Provincial Court Class action suit – a lawsuit initiated by a group of people over a complaint common to all. Examples? KINDS OF CLAIMS GENERAL DAMAGES SPECIAL DAMAGES PUNITIVE DAMAGES NOMINAL SPECIFIC PERFORMANCE INJUNCTIONS GENERAL DAMAGES I Pecuniary – monetary compensation for losses that can be calculated based on how much money the plaintiff lost. Example: car accident victim that confines the victim to a wheelchair for life. You can sue for damages to replace the car and also loss of future earnings. Q: How would age play a factor in complicating this matter? GENERAL DAMAGES II Non-pecuniary – terrible personal loss which does not involve an actual loss of money and is difficult to quantify. Example: pain and suffering, loss of a loved one, mental anguish, aggravated damages (humiliation or distress) CAN A PRICE BE PUT ON THESE? Judges will usually mak