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CLU3M | UNIT 4

CIVIL LAW, AN INTRO

LESSON 4.1

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Civil

Law is known as Private Law.

It

regulates disputes between

individuals; between parties; and
between individuals and parties.

The

main purpose of Civil Law is to

compensate victims.

Civil Actions include but

are not limited to the
Claims arising from accidents;
following:

Injuries done by one person to

anothers body, property, or
reputation;

Divorces, child custody, and

support claims;

Adoptions;

Failure to pay for work done;

Non-payment of rent;

Unpaid debts.

Civil Law
The

victim may
bring an action
against the person
who committed the
civil wrong for
damages, or some
other civil remedy.

Tort Law

Tort Law is a major division of Civil Law.

Tort means a wrong that is negligent.

A person who is found guilty of the criminal offence of

assault may have a civil action (the tort of battery) filed
against him/her in order to compensate the victim.

Some examples of an action

resulting in a crime and a tort:
If a person

It may be a
crime of

And also the

tort of

Hits another
person

Assault

Battery

Breaks into
someones
property
Takes
someones
belongings

Break and
Enter

Trespass to
Land

Theft

Trespass to
Goods

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Compensation

It

usually translates to money

is the responsibility of the injured party to bring the action.

The

action will be heard in a civil court; and if satisfied, the

court will award damages which it deems suitable.

Criminal

another.

It

courts and Civil courts proceed separately from one

is up to the person who files the action to prove that

significant damages have occurred. (Reverse Onus)

REFRESH: THE CANADIAN WAY

Procedural
Law

Substantive Law
(Statute & Case
Law)

Public
Law

Constitutio
nal Law

Environment
Tax
al Law
Law
Administrati Aboriginal
Criminal
ve Law
Law
Law

Private or Civil
Law

Family
Contract
Property
Law
Law
Law
Commerc
Estate
Tort
ial Law
Law
Law

Labour
Law

CIVIL LAW
Outlines personal & private relationships b/w
persons & organizations. Regulates conduct
between disputing parties & compensates those
who have been wronged.
no Crown attorney; each party represented by
lawyer
plaintiff - person/party launching action
defendant - person/party being sued for harm,
loss, injury
plaintiff must prove probability of their claim;
judge determines believability
burden of proof differs

CIVIL LAW
Family - relationships between spouses, parents
& children
common law & same-sex relationships, child

custody, divorce

Contract - applies when people & companies

enter into agreements to purchase / provide
goods & services
example clip

CIVIL LAW
Tort - deals with wrongs or damages outside of
contracts
example clip

Commercial - governs business and regulates

corporate contracts like the sale of goods &
services
cigarettes & e-cigarettes

Property - laws that govern physical &

intellectual property
most common - buying, selling, renting land or

buildings

CIVIL LAW
Estates - how an individuals property is
distributed after death
legal wills that clearly lay out wishes

Labour - relationships between employees,

employers, and labour organizations
employment issues like contracts, discrimination

CAN THE SAME INCIDENT RESULT

IN CRIMINAL & CIVIL CHARGES?
James was driving his car one day. He came to a
stop at an intersection when the light turned yellow,
then red. The car behind him was traveling quite
fast as it approached the intersection and the
driver, Lisa, was unable to stop in time. She
rammed into the back of James' car. James suffered
a severe whiplash injury, as well as a concussion
from hitting his head on the windshield. His car was
very badly damaged. When the police arrived, they
charged Lisa under the Highway Traffic Act with
several provincial offences for operating her vehicle
in an unsafe manner. They also charged her with
the criminal offence of impaired driving after she
failed a Breathalyzer test, meaning she had a blood-

OVERLAP OF CRIMINAL & CIVIL

CHARGES
Lisa was charged with impaired driving. Criminal
offences fall under federal jurisdiction.
Criminal trial will occur and, if convicted,
potential fines, suspension of drivers license,
possible imprisonment, etc.
James may take some satisfaction in knowing Lisa
will be punished, but this doesnt really help him.
His car was wrecked. He had hospital time.
Missed work for 2 weeks. Months-long pain from
whiplash.
James was not only the victim of a crime, but also
the victim of a civil wrong, a tort.

CIVIL WRONGS
Tort = a wrong
Civil wrongs occurs when an individual is
harmed by actions of another individual
Crimes are considered offences against society
as a whole, as well as against any individual
victim.
most crimes have victims and thus are also

considered to be civil wrongs

TAKING CIVIL ACTION

Individual or victim is responsible for taking
private or civil action in a process commonly
known as suing.
The legal term for this process is civil litigation.

James, therefore, may sue Lisa for compensation

for the damage to his car (although this will likely
be covered by insurance), for his lost wages,
medical expenses, and pain & suffering.
James = the plaintiff (person who claims to have
been wronged)
Lisa = the defendant (person being sued)

REASONS FOR TAKING CIVIL

ACTION
Torts (civil wrongs)
Breaches of Contract
Consumer Problems
Unpaid Debts
Landlord / Tenants Disputes
Property Disputes
Bankruptcy
Family Matters
Adoption, Child Custody, Divorce, Property

Division, Support

Criminal and Civil Procedures

Compared
- copy
and complete
the following
Case Factors
Criminal / Public
Civil / Private trial
trial
chart
Parties involved

Grounds / reason
Purpose of action
Onus of proof
Burden of proof
Result of action
Action taken if defendant
is guilty or liable

Criminal and Civil Procedures

Compared
Case Factors

Criminal
/ Public
trial
Criminal
/ Public

Civil
Civil
/ Private
/ Private
trial

Parties involved

Crown prosecutor vs
accused (defendant)

Plaintiff vs defendant

Grounds / reason

To determine innocence
or guilt of the accused

To resolve a dispute

Purpose of action

To punish the offender

To compensate the
victim

Onus of proof

On Crown prosecutor

On Plaintiff

Burden of proof

Beyond reasonable
doubt

Balance of probabilities

Result of action

Accused is guilty or not

guilty

Defendant is liable or not

liable

Action taken if defendant

is guilty or liable

Defendant sentences

Plaintiff awarded some

compensation or remedy

// Your Turn
In groups of 2-3, decide under which system,
Criminal or Civil, does the victim receive
more satisfaction?
Provide 3 reasons or examples why you think so.
Write your answers on the board, under the
relevant side.