Civil LawWhat are the types of cases you see on Court

TV Shows?

On the Agenda Today:

1) Getting to Know You2) Civil Law Case Studies3) Taking a Closer Look at

Civil Procedure

Mr. Korczyk’s Law 12Blog

• http://12law.wordpress.com

• I will post homework, notes, videos and other extras if you want to know more!

Index Cards!

• Write your name on one side

• On the other side, write three facts about yourself… for example:o Favourite Books, movies, TV Shows, Sports,

Singers, Songs.o Instruments You Playo Hobbieso Languages You Speak

Case Studies

• In your groups, work through the questions on your case study

• You have 20 minutes• Your case studies and answers will be

presented in front of the class

Sara and ShelleySara and Shelley went to Best Buy to purchase an XBOX 360. As they were leaving the store, Shelley tripped on the corner of the carpet that had not been properly secured and she fractured her ankle. Because Shelley was unable to work as a snowboard instructor during peak season, she lost

income for six weeks.

Mr. and Mrs. GrahamMr. and Mrs. Graham are divorced. Mr. Graham has custody of their three

children. Because his job requires that he stay out of town overnight during the week, he has to hire a live-in caretaker. Mrs. Graham had agreed to share this expense as part of her support payments. Mrs. Graham has since stopped

making her support payments to Mr. Graham.

MandyMandy had contracted with Big Top Roofers to replace the roof on her 30 year

old house. After she paid for the job, she discovered that the quality of the shingles used was inferior to the quality specified in the contract.

PhoebePhoebe bought a can of soda from a street vendor. When she opened up the can of soda, she noticed there was a thumb floating around in her delicious beverage. She became ill from the horror and may have suffered emotional

pain as a result.

Steve and MaySteve had his car parked by the curb on the side of the street, about 2 feet

away from the sidewalk in a no-parking zone. There were no other cars parked on the street, and May was riding her bicycle down the street right

along the curb. May thought she had enough room to squeeze between the curb and Steve’s car, but ran into the car, scratching it and breaking the side-

view mirror.

Brent and DavisBrent and Davis were roommates. Only Brent’s name was on the rental

contract, but Brent and Davis agreed to split the living costs in half. A few months later, Davis told Brent that he wasn’t going to keep paying his share of

the cable bill because rarely watches TV, and stopped payments. Brent was furious because that went against what they agreed on when they moved in

together.

In-Class Work

• Read pages 337-346• Do q’s 2-9

Stages in a Civil Action

Cause of Action• Complaint or Cause of

suing• Brent sues Davis for his

share of the cable bill

Statement of Claim• The facts according to

the plaintiff.• Brent says that he and

Davis agreed to split bills evenly, so Davis owes him the cable money.

Statement of Defence• Defendant’s response or

counterclaim• Davis said he was no

longer using the Cable, so he shouldn’t pay it.

Reply• The plaintiff has an

opportunity to reply to the defense.

• “It doesn’t matter that Davis stopped watching TV, that was not part of the agreement.”

Stages in a Civil Action

Examination for Discovery• Examination of evidence by

both sides before the trial• Any contracts, emails, or

agreements are brought forward.

Pre-Trial Conference• Informal meeting attended by

both sides and a judge or master

• Brent and Davis meet with the judge and lawyers to attempt to reach a settlement

And then… one of two things happen

Stages in a Civil Action

Pre-Trial Conference

Settlement Out of Court

Trial Court Appeal

Homework

• Read pages 337-346• Finishing up questions 2-9