The goal of Civil Law is...
Compensation, or to restore someone to a position before a wrong doing took place.
To charge someone with a criminal offence.
To be on TV.
Civil Law is considered...
Public Law
Private Law
Any province can settle a Civil Law case from any other province.
Civil Law proceedings are governed by...
Court of Justice Act
Criminal Code of Canada
Federal and Provincial regulations.
The two divisions of Civil Law courts are Small Claims, and Civil Court.
The amount of a claim usually distinguishes which Civil court the case will be heard in (Small Claims, or Civil Court).
Civil Court cases are usually more complex than Small Claims court cases.
Small Claims court is...
An arm of the Superior Court of Justice.
An arm of the Ontario Court of Justice.
An arm of the Ontario Court of Appeals.
None of the above.
A Superior Court of Justice judge resides over Small Claims court proceedings.
A Plaintiff in Small Claims court can sue for...
As much as he/she wants, but will only get $25,000 max.
$25,000 max only.
Under $10,000.
As much as he/she wants.
There is no court fees for filing in a Small Claims action.
Can you represent yourself in Small Claims court?
Yes.
No.
The types of claims heard in Small Claims court include...
Money owed, Monetary Compensation, and the Recovery of Personal Property.
Land and Property claims.
Criminal charges under $5000.
Small Claims decisions can compel someone to do something, prohibit their actions, or cause a court order to be issued.
A Civil Action begins when...
The Plaintiff serves the Defendant a subpoena.
The Plaintiff files a claim.
The police submit an information.
The court files a claim with the Plaintiff and Defendant.
You are responsible for serving a Defendant a copy of the claim, although you don't have to do it yourself.
After serving the Defendant, you must prepare...
An Affidavit of Service.
An Affidavit of Civil action.
A Statement of Claim.
A Plaintiff's Claim form.
Defendants can contest the claim against them by filing a "Defence".
If you don't agree with the claim against you, the time limit for filing a "Defence" is...
10 days.
20 days.
60 days.
No time limit.
Can the Defendant file a claim against the Plaintiff at the same time?
Yes. It's called a "Defendant's Claim".
No. Only one claim at a time.
When filing a "Defence", you must make 2 copies, one for the court, and the other for the Plaintiff.
An Affidavit of Service let's the court know who was served, and how it was done.
A case that is brought forward in Civil court is between private parties or negligent acts that cause harm to others.
Civil court cases usually involve disputes over contracts or Torts.
A subdivision of Contract Law would be...
Divorces.
Criminal offenses.
Negligence.
Freedom of Information.
Civil Contractual Law applies if there are no other existing statutes to address the problem.
Can a legal contract be oral? A spoken agreement?
The Rules of Contract Law. Select all that apply.
Offer Acceptance.
Benefit to Each Side.
Legal Consent.
Clarity of Terms.
A contract can be voided because of duress, undue influence, or serious unfairness.
A Tort is...
A Civil wrong doing.
A minor Criminal offense.
A finding of guilt in a Criminal court is required to sue someone in Civil action.
The payment cap for "Pain and Suffering" in Ontario is...
$25,000.
$100,000.
$333,000.
No limit to the amount you can receive.
All Torts require a proof of fault (negligence) as a basis for imposing liability.
Types of Torts. Check all that apply.
Intentional.
Strict Liability.
"Pain and Suffering"
Theft.
"Res Ipsa Loquitur" means "The Thing Speaks For Itself".
A settlement can be reached at any time prior to the Judge giving their judgement.
A Settlement Conference is held by a Deputy Judge.
The purpose of a Settlement Conference is...
To reach a settlement and prevent a trial.
To outline the details of a case before trial.
To allow the Plaintiff to make changes to their case before trial.
To reach a verdict without involving a Judge.
What percentage of Civil suits actually end up going to trial?
2%
12%
50%
Less than 1%
A witness in Civil cases is called to court by a...
Summons.
Subpoena.
Injunction.
Affidavit of Service.
Do you have to pay a witness to attend your trial?
Only if they ask.
Exclusion of Witness is a common practice, where witnesses are asked to wait outside the court room, so they don't hear each other's testimony.
True.
False.
The "Burden of Proof" in Civil court is...
"Beyond a Reasonable Doubt"
"Balance of Probabilities"
Most Small Claims have a time limit of 6 months.
