Law Studies - Unit 3 - Armaan Khaira
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Kwantlen Polytechnic University *
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2044
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Law
Date
Jan 9, 2024
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Pages
10
Uploaded by CaptainQuetzal1102
Unit 3 ~ Learning Guide
Written By Armaan Khaira
INSTRUCTIONS: Complete the following notes and questions as you work through the related
lessons. You are required to have this package completed BEFORE you write your unit test. Do
your best and ask questions about anything that you don't understand BEFORE you write the
unit test.
3.1 – Civil Law and the Civil Court System Lesson A
Terms for 3.1 – Look for these terms as they are used in this section. Make sure that you
understand them in the context in which they are used. Do this for all assigned terms in this
course.
-
Arbitration - A neutral third party is brought in to decide the case; an arbitrator;s
decisions are binding and final.
-
Civil Law - (Private Law) is concerned with helping settle disagreements and
compensating people who have been “wronged” in some way. Civil law cases are
between individuals, or groups, and are not considered to be in the public’s interest; they
are private matters that do not affect society as a whole.
-
Contempt Of Court -
Damages - Is the monetary value the court awards in a tort law case; it is not the plural
of damage.
-
Garnishment - A court order directing that money or property of a third party (usually
wages paid by an employer) be seized to satisfy a debt owed by a debtor to a plaintiff
creditor.
-
Injunction - The court orders the defendant to stop doing something that is or may
become injurious, or to do something that helps to correct or prevent the wrong.
-
Lien
-
Plaintiff - Is the person or group who has allegedly been wronged in a case of civil
law(initiates the law). Must prove that they have been wronged by the defendant. Some
crimes can become torts.
-
Punitive Damages -
-
Restitution -
-
Tort - Injuries or harm created by one person to another’s body, reputation, or property;
“tort” is derived from a Latin word meaning “twisted” or “wrong”.
Lesson B
– Introduction to Civil Law
What do you see as being the primary differences between criminal law and civil law in
Canada?
The primary differences between criminal law and civil law in Canada is the content in which
either deals with. Civil law focuses on disputes between people as citizens of Canada whereas
criminal law focuses on punishments/prevention of violations of law (Of which are majorly not
interpersonal.)
Actions Of Civil Law: Decision is based on
the balance of probabilities, which means that
the side with the more probable evidence
wins. Deals with violations of the law only
resting between two parties. Maintaining fun
rationality of society. (People vs. People)
Actions Of Criminal Law: Decision is based
on the Crown proving beyond reasonable
doubt that the accused is guilty. Deals with
illegal actions explicitly stated in the law and
determining punishment. Maintaining
structure of society. (People vs. Law)
Personal Injury
Theft
Contract
Mischief
Divorce
Robbery
Contested Will
Trafficking
Lesson C
- Considering Civil Court Action
Give examples of when a lawyer might charge a fixed fee, an hourly rate or a contingency fee.
Examples:
● When a lawyer might charge a fixed fee - For specific tasks such as drafting wills, providing
legal advice, or on certain types of divorces.
● When a lawyer might charge an hourly rate - For ongoing work such as complex litigation,
negotiations (Contracts) or representation at court appearances.
● When a lawyer might charge a contingency fee - When the lawyer’s fee is a percentage of
the
settlement/compensation received by the client. It is contingent upon the assumption that the
lawyer is successful in obtaining compensation. (Thus the name).
Lesson D
– Civil Remedies
A BC couple who run a business are successfully prosecuted for tax evasion. When the charges
are overturned, the judge awards them over $1 million in damages to be paid by Canada
Revenue Agency. What types of damages do you think that they would have been awarded and
on what grounds? Look at the list of the five types of damages to work this out.
I think that the couple in this scenario would have been awarded at least 3 types of damages
(Maybe four)
1. Compensatory Damages: To compensate for the financial/time wastes and damage of
the businesses image. This may include reimbursement of legal fees or loss of income.
2. Punitive Damages (Depending On Additionally Circumstances): On the assumption
that the Canadian Revenue Agency was particularly strict the CRA could expect
backlash.
3. Aggravated Damages: To compensate for ‘additional harm’ of the emotional/stress
that was inflicted upon them due to a wrongful conviction.
4. Restitutionary Damages: To replace opportunities potentially missed out on due to the
prosecutions. Could imply more financial losses.
Lesson E
– Enforcing a judgement
In what kinds of cases do you think that a creditor would be permitted an order to garnish a
debtor’s wages? In what situations might you take someone to small claims court?
Garnishment - A court order directing that money or property of a third party (usually wages paid
by an employer) be seized to satisfy a debt owed by a debtor to a plaintiff creditor.
Cases I believe a creditor would be permitted an order to garnish a debtor’s wages is cases
with: (Greater violations)
● Unpaid loans
● Unpaid child support/alimony
● Unpaid taxes
● Unpaid judgements
Situations that I may take someone to small claims court:(Lesser violations)
● Unpaid debts
● Property damage
● Breach of contract
● Some personal injury claims with monetary limits.
Section 3.2 Nature and Purpose of Tort Law Lesson A
Terms for 3.2 Look for these terms as you encounter them in this section.
● Battery - The intentional and harmful physical contact or offensive touching of another person
without their consent.
● Libel - A written or printed defamatory statement that damages a person's reputation.
● Negligence - The failure to exercise reasonable care, resulting in harm or injury to another
person.
● Res Ipsa Loquitur - Latin phrase meaning "the thing speaks for itself," referring to a legal
doctrine where the occurrence of an accident or injury implies negligence by the defendant.
● Slander - Spoken defamation.
● Strict Liability - Where liability is imposed on a defendant without the need to prove fault or
negligence, typically applied in cases involving inherently dangerous activities or defective
products.
● Trespassing - Unauthorised entry or intrusion onto the property of another person without
permission.
● Vicarious Liability - Legal principle where one person or entity is held responsible for the
actions or omissions of another person based on a specific relationship, such as
employer-employee or principal-agent.
Lesson B
– Introduction to Tort Law
What is an example of a tort that you have read about in the news or that has involved you or
someone you know? Give as many details as you can in the space below.
There have been no instances where someone I know or I myself have been involved in a case
of tort law. One example I did happen to find in the New York Times is a case of slander where
the offender happened to be Donald Trump. It has no direct relation to me however he is an
important figurehead in the US.
Lesson C
– Negligence
According to the course, negligence is “the fastest growing and most dramatic area of tort law.”
What does this have to do with how society's standards have changed in recent decades?
We have invented so many ways to accidentally injure each other: aeroplanes, electricity,
chemicals, pharmaceuticals, heavy machinery, complex consumer goods, and especially cars.
Society’s standards of reasonable behaviour are much stricter today. Courts of the 1800s would
not even have considered most of the negligence claims accepted by modern courts.
Lesson D
– Vicarious Liability
In this lesson you learned that employers are responsible for the actions of their employees on
the job. To what extent do you find this just? And what might you see as limits of this
responsibility?
I find this to the extent that:
- The employee is under the orders/influence of the employer to an extent. Their livelihood is
placed in their hands.
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