Unit 4 - Civil Law

Main purpose of civil law

to compensate victims

Civil action may include claims arising from (5)…

1. accidents

2. divorce

3. injury

4. contract

5. property

In civil courts, cases are… (2)

not usually represented by a lawyer and both parties are given a chance to tell their side of the story

The 5 types of damages given to successful parties in civil suits

1. General Damages

2. Special Damages

3. Punitive Damages

4. Aggravated Damages

5. Normal Damages

General Damages (2)

Pecuniary: Loss of income or costs for future care

Non Pecuniary: Pain, suffering, loss of enjoyment of life

Special Damages

Compensation for out of pocket expenses spent before the trial because of injuries suffered

Punitive Damages

Additional damages awarded to further punish the defendant for bad or insensitive behaviour

Aggravated Damages

For outrageous behaviours causing significant harm

Normal Damages

Awarded when a judge wants to indicate support for the plaintiff even if little to no harm has been done

Injunctions

An order for a person(s) to do/to not do something

Tort

a wrongful action or non-action that causes another person harm

Foreseeability

Based upon if a reasonable person would have foreseen the injury as a result of a similar action

Negligence

Plaintiff must show they were owed a duty of care and it was breached by defendant. If breached, the defendant failed to meet the expected standard of care

Special types of negligence (2)

responsibility and occupiers liability

Occupiers Liability

any person who has control and possession of a property who owes a duty of care

People who are responsible towards people who enter a property are called.. (3)

invitees, licensees and trespassers

Allurements

the exceptional attraction to something that entices a person to act

Vicarious liability

when one party is held responsible for the unlawful actions of a third party

Defences of negligence (3)

contributory negligence, voluntary assumption of risk and inevitable accidents

Contributory Negligence

The plaintiffs negligence of/for their own safety

Voluntary assumption of risk

Defendant must prove that the plaintiff knew of the risk their actions would have and chose to assume that risk

Inevitable accidents

Defendant argues that injury or loss from the situation was unavoidable no matter the precautions

Best interests of child

judge decides issues of custody of children and access

Seperation - legal

When a couple decides to live apart from each other because the relationship has broken down

Common Law relationship

living in a conjugal relationship with a person who is not your married spouse

Solemnization of marriage

The various steps and preliminaries, including the ceremony, leading to marriage

Consumption

Validation of a marriage by sexual intercourse between the spouses

Banns of marriage

An announcement of an intended marriage (ex: read in a couples church)

Adultery

voluntary sexual intercourse by a married person with someone other than their spouse

Divorce

The legal process a couple must of through to end a marriage

Annulment

A court order which states that a marriage was never legally valid

Consanguinity

Direct line of familial relationship. Blood relationship between individuals

Federal government role in marriage laws

Has jurisdiction over the essentials of marriage and divorce

Provincial government role in marriage laws

Has jurisdiction over the solemnization of marriage

Capacity

Both individuals must have the mental/physical capacity and ability to marry

Minimum age

Minimum age with parental consent is 16 and without consent is 18

Close relationships

Marriage by consanguinity, adoption of by affinity is not valid

Consent

Both parties must freely consent to marriage

Mistakes in marriage (2)

1. Mistaken identity of one party

2. Mistake as to the nature of the ceremony

Monogamy

A person can only be married to one person at a time

Polygamy

A relationship that typically involves a person marrying more than one person

Bigamy

The crime of marrying one more than one person ( 7 years in prison max)

Sexual Capacity

Partners must be able to have sexual intercourse to consummate the marriage