Chapter 11- Resolving Civil Disputes

CIVIL LAW: Chapter 11- Resolving Civil Disputes BLM 11-1 1) What is the main difference between criminal law and civil law?

2) What is a tort?

3) Some actions involve a crime and a tort-Fill in the chart below to illustrate this. INCIDENT CRIME TORT

4) What types of cases could be heard in the small claims court?

5) Page 364-The provincial Small Claims Court maximums range from $5000-$25000. Why do you think this is the case? Case Factors Criminal/Public Law Civil/Private Law Parties involved Crown attorney versus Plaintiff versus defendant accused Grounds/reason To determine innocence or guilt of accused Purpose of action To compensate for harm On Crown attorney On plaintiff Burden of proof Beyond a reasonable doubt Result of action Defendant is liable or not liable for damages Action taken if defendant Accused sentenced is guilty or liable

7) Define Cause of Action:

8) Define and compare the various defences available: Pages 366-367 OPTIONS AVAILABLE TO DEFINITION AND EXAMPLE DEFENDANT Defence or reply Chapter 11- Civil Remedies- Part Two

9) What is another word for civil remedy?

10) There are 5 different types of damages that can be awarded to the plaintiff. Outline the type of damage and provide an example illustrating each.

TYPE OF DAMAGE DEFINITION AND EXAMPLE

11) What is an injunction? When might one be issued?

12) How can the court enforce a judgment to make sure that the plaintiff gets paid?

- 13) Define: Alternative Dispute Resolution (ADR) –

14) What three options of litigation (ADR) are available?

15) List two reasons why ADR is being used more often to resolve civil disputes?

16) Distinguish between negotiation and mediation in terms of the decision making power awarded to those involved.

17) Which method gives the two parties the most control? The least control?