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