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 plaintiffsAll those responsible should be sued together as

defendants

Civil Lawsuits

The process of suing is called…..

LITIGATION

The two parties involved in the action are called the ….

LITIGANTS

Trial ProcedureCivil procedure is similar to a criminal procedure.Litigants:Prepare and present the facts of the caseThe court:Determines the law that applies to the

situation

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 claimingDefendant will try to prove that the events happened

in the way he or she is claimingJudge decides which “story” seems more credible

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)

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