Civil Law Test Review: Questions

Who is involved in civil law?

plaintiff vs defendant

Who is involved in criminal law?

Crown vs accused

Purpose of civil law

Determine loss, compensate for loss

Purpose of criminal law

Maintain order, prevent further crime, protect society and punish the guilty (Maintain, prevent, protect, punish)

Grounds of civil law (reason for starting a case)

Cause of action

Grounds of criminal law (reason for starting a case)

Reasonable belief offence has been committed

Civil law action (what to do to start a case)

Writ of summons

Statement of claim

Criminal law action (what to do to start a case)

Summons

Appearance notice

Arrest

Burden of Proof in a Civil Case

Rests with plaintiff

Burden of Proof in a Criminal Case

Rests with crown

Degree of proof in a civil case

On the balance of probabilities

Degree of proof in a criminal case

beyond a reasonable doubt

Findings in a civil case

Who is at fault

Findings in a Criminal case

Guilty or innocent

Penalty if guilty

What are the 7 steps to starting a claim?

1. Start a claim

2. Defend the claim

3. Mandatory Mediation

4. Discovery

5. Set the action down for trial

6. Pre-trial conference

7. The trial

Explain step 1: Start a claim

Before starting a claim, determine available dispute resolution options, gather the defendant's details, and ensure your claim is filed within the time limit (2 years from discovery). Gather necessary details, file statement of claim, pay court fees and file, service the claim to all defendants within 6 months and file an affidavit of service.

Explain step 2: Defend the claim

If sued, you must file and serve a Statement of Defence to all involved parties, along with proof of service. You can also file counterclaims, crossclaims, or third-party claims against others. Ignoring the claim may result in a default judgment against you, where the court assumes you admit to the claims.

Explain step 3: Mandatory Mediation

Attend mediation to attempt a settlement

Explain step 4: Discovery

Exchange evidence and information before trial

a) Documentary discovery: share relevant documents

b) Examinations for discovery: question opposing parties under oath, recorded for trial use.

Create a discovery plan (within 60 days of close of pleadings) and outline document sharing, examination logistics and timelines.

Explain step 5: Set the action down for trial

After completing discovery, you can request a trial date by filing a trial record and serving it on all parties. This record includes all case documents, such as pleadings and motions, and must be filed with the court. If the case is undefended, it can still proceed to trial after filing the necessary documents.

Defended actions: serve the trial record, file with proof of service, and pay fees.

Undefended actions: file the trial record if default attempts fail

An action may be dismissed if:

a) Not set down for trial or settled within 5 years

b) removed

Explain step 6: Pre-trial conference

All parties must attend. Chance to discuss settlements, simplification, trial length. Conducted by judge

Explain step 7: The trial

Case heard alone by judge unless jury is requested. Both parties present evidence. You must inform witnesses when to attend.

-> Summons to witness can require attendance, money for witness provided

Judge may decide immediately or reserve judgement for later

What is the time limitation on personal injury suits in Manitoba? What act is this from?

Two year limit. Begins when the victims knows about the injury and learns defendants identity. Manitoba Limitation Act

Explain garnishing wages, seizure and sale of goods, and registration of lien are.

Garnishment: Automatic withdrawals from a persons bank account each payday (up to 30%)

Seizure and sale: Bailiff fakes possession of debtors property and sells it

Registration of lien: debtor cannot sell assets (ie, land, property, cards, boats) and keep the money made from the sale

Can a person be sentenced to jailtime from a civil suit? If yes, under what circumstances would it occur?

Yes, if the debtor cannot pay the debt at all, they can be sentenced to jail time

Explain what the residential tenancy board is and how it works

Residential landlord-tenant disputes settled at this board. Landlord or tenant files a claim for compensation, board schedules a hearing. A mediation officer tries to help parties reach an agreement. If not possible, hearing goes ahead as scheduled and the hearing officer will review all information.

Explain what the Workers compensation board is and how it works

If you get injured while at work as a result of work or suffer from a disease/illness as a result of your work, this board pays medical expenses, wage-loss benefits, and pension (if permanent disability results).

This board can also train you for alternative employment

WCB Premiums

Jobs that are more dangerous have higher premiums

If you are a worker under WCB act and your employer is also covered, you are:

Barred from suing your employer/fellow worker in tort and must accept WCB compensation

Who is not covered by WCB?

Casual labor, freelancers, small businesses

Three categories of torts

Unintentional torts, intentional torts, strict liability

Unintentional torts

Also called negligence. Injuries caused by an action or was not intended to cause harm

Intentional torts

Actions that are done to intentionally cause injury to others (however some may not have harmful intent)

Strict liability

Certain activities and situations are so dangerous that in the case of injury, the plaintiff does not need to prove negligence because the defendant is automatically liable. (ie, dangerous animals, leaking toxic wastes or fires)

Compensatory Damages

Compensation for actual and future financial loses and for emotional and physical suffering:

Special damages: actual expenses (easy to know value)

General damages: based on estimated value for loss, pain, etc. (hard to determine value)

Punitive damages

A penalty charged to the wrongdoer; Could be a fine that is paid to the victim

Nominal damages

A token (even $1) to symbolize victory in a case where there was little actual damage

Costs

Legal and court fees that are expenses of the case

Injunction

The court orders the defendant to stop doing something that is or may become injurious

Describe how a person responsible for a car accident can be charged under federal and provincial laws as well as in civil law.

Impaired driving (under the Criminal Code of Canada): A person involved in a car accident may be charged under federal law if they were driving while impaired by alcohol or drugs. This is a criminal offense under Section 253 of the Criminal Code, and the person can be charged with impaired driving, causing bodily harm or death (Section 255).

Negligent driving: A person can be charged with negligent driving under the province's Highway Traffic Act or its equivalent if the accident resulted from their failure to drive safely or responsibly, such as texting while driving or running a stop sign.

Damages: The injured parties can sue for compensation (damages) for physical injuries, property damage, lost wages, pain and suffering, and other losses resulting from the accident. If the accident caused severe harm or injury, the damages could be significant.

What are the three main elements the courts look for in a contract?

An offer

An acceptance

Mutual consideration

An offer

A clear proposal to another person/party to enter into an agreement on certain terms

An acceptance

A clear indication by the offeree to enter into the contract on the terms set out by the offeror

Two ways a contract can be invalid

Duress: Forcing or convincing someone to enter a contract against their will

Undue Influence: when there is a power imbalance between the parties

What is vicarious performance and why is it important to contract law?

Unless agreed otherwise, one party can contract with someone else to perform contract obligations. This is important because if you want a specific person to perform a job for you, you should ensure it is written in your contract before beginning.

Explain performance, waiver, and court order in terms of ending a contract

Performance: Terms of contract are fulfilled

Waiver: Parties agree to call the contract off

Court order: A contract may be struck down by a court order