The Civil Law Essay

Civil Law

Civil law deals with disputes between private parties, including businesses and people. Instead of the government, individuals and companies file the cases. (CSCJA, 2017). Cases addressed under Canadian civil law include land disputes, wrongful terminations from work, and harm to another person due to negligence. They also resolve matters pertaining to the family, such as child support, divorce, and property distribution. A civil lawsuit is intended to result in monetary compensation. (Marsh, 2004).

Participants in a Civil Lawsuit

The plaintiff and the defendant are the participants to a civil lawsuit. The burden of establishing that they were wronged falls on the plaintiff, who brings the lawsuit. (Torrance, 1903). They present their claims to the court, give the amount of compensation they desire and name the person they are suing. Defendants are individuals trying to defend their case as innocent. They could counterclaim the claims made, pay the claim within 30 days or refuse to pay by informing the court with the same duration. The two parties could at any time in the proceedings decide to settle the case out of court through mediation (Departement of Justice, 2017). If either of the parties is a minor, they must have an adult representing them and signing launch of a claim.

Burden of Proof

The burden of proof in civil cases is based on a balance of probabilities which requires the plaintiff to show that the deed has a high probability that it happened than not (Redmayne, 1999). Probability is introduced because the court views the evidence presented to them in the current time and are not entirely sure of the events that occurred. Thereby, the proof is probable which is key in civil cases (Huscroft, Mullan, & Taggart, 2006). Some cases may require physical evidence such as documents to be presented especially if the warring parties are companies.

References

CSCJA, (2017). Criminal and Civil Law. Cscja-acjcs.ca. Retrieved 23 March 2017, from http://www.cscja-acjcs.ca/criminal_civil_law-en.asp?l=4

Departement of Justice, (2017). Civil and criminal cases - About Canada’s System of Justice. Justice.gc.ca. Retrieved 23 March 2017, from http://www.justice.gc.ca/eng/csj-sjc/just/08.html

Huscroft, G., Mullan, D., & Taggart, M. (2006). Inside and Outside Canadian Administrative Law: Essays in Honour of David Mullan (1st ed.). Toronto: University of Toronto Press.

Marsh, J. (2004). The Canadian Encyclopedia (1st ed.). [Toronto, Ont.]: Historica Foundation of Canada.

Redmayne, M. (1999). Standards of Proof in Civil Litigation. Modern Law Review, 62(2), 167-195. http://dx.doi.org/10.1111/1468-2230.00200

Torrance, D. (1903). Evidence of Character in Civil and Criminal Proceedings. The Yale Law Journal, 12(6), 352. http://dx.doi.org/10.2307/781041