Law Studies - Unit 3 - Armaan Khaira

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Kwantlen Polytechnic University *

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2044

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Law

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Jan 9, 2024

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pdf

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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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