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CIVIL LAWSUIT

CIVIL LAWSUIT. Civil Lawsuits . Involve two parties: The plaintiff (the one suing) The defendant (the one being sued) There can be more than one individual in each party: All injured parties should sue together as plaintiffs

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CIVIL LAWSUIT

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  1. CIVIL LAWSUIT

  2. Civil Lawsuits Involve two parties: • The plaintiff (the one suing) • The defendant (the one being sued) There can be more than one individual in each party: • All injured parties should sue together as plaintiffs • All those responsible should be sued together as defendants

  3. Civil Lawsuits The process of suing is called….. LITIGATION The two parties involved in the action are called the …. LITIGANTS

  4. Trial Procedure Civil procedure is similar to a criminal procedure. Litigants: • Prepare and present the facts of the case The court: • Determines the law that applies to the situation

  5. Trial Procedure • Burden of proof is on the plaintiff • Plaintiff must prove the case on the balance of probabilities …what does this mean?! • Plaintiff will try to prove that the events happened in the way he or she is claiming • Defendant will try to prove that the events happened in the way he or she is claiming • Judge decides which “story” seems more credible

  6. Minors & Civil Actions A minor cannot bring a civil suit in his or her own name or have one brought against him or her • If a minor wants to sue, he or she must be presented by an adult- “next friend” • If a minor is being sued, he or she will be presented by an adult – “guardian ad litem” (litigation guardian)

  7. EXIT SLIP • Accused “guilty” or “not guilty” • Plaintiff is awarded some compensation or remedy • Onus of proof on the plaintiff • Onus of proof on Crown attorney • Crown attorney vs. accused/defendant • Resolving a dispute • Balance of probabilities • Defendant is sentenced • Purpose of Action: to punish offender • Defendant liable or not liable • Purpose of Action: to compensate victim • Plaintiff vs. defendant • Laying of criminal charge to determine innocence or guilt • Beyond a reasonable doubt

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