Chapter 11- Resolving Civil Disputes

Chapter 11- Resolving Civil Disputes

<p>CIVIL LAW: Chapter 11- Resolving Civil Disputes BLM 11-1 1) What is the main difference between criminal law and civil law?</p><p>2) What is a tort?</p><p>3) Some actions involve a crime and a tort-Fill in the chart below to illustrate this. INCIDENT CRIME TORT</p><p>4) What types of cases could be heard in the small claims court?</p><p>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</p><p>7) Define Cause of Action:</p><p>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</p><p>9) What is another word for civil remedy?</p><p>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.</p><p>TYPE OF DAMAGE DEFINITION AND EXAMPLE</p><p>11) What is an injunction? When might one be issued?</p><p>12) How can the court enforce a judgment to make sure that the plaintiff gets paid?</p><p>-</p><p>- </p><p>- 13) Define: Alternative Dispute Resolution (ADR) –</p><p>14) What three options of litigation (ADR) are available?</p><p>15) List two reasons why ADR is being used more often to resolve civil disputes?</p><p>16) Distinguish between negotiation and mediation in terms of the decision making power awarded to those involved.</p><p>17) Which method gives the two parties the most control? The least control?</p>

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