CRM 100 Lecture Notes - Lecture 7: Summary Offence, Miscarriage Of Justice, Private Case

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Week 7: civil cases: a private case where someone sues someone else. Starts when individuals or corporations disagree on a legal matter such as the terms of a contract or the ownership of a piece of property. Can result if someone is injured or property is damaged: person who sues is plaintiff and person being sued is the defendant. Civil cases go through several stages like pleadings, discovery, trial: pleading: sets out the complaint against the defendant and remedy the complainant is seeking. Statement of defense: discovery: examination of evidence, depending on the suit and the court the defendant may have a right to trial. If it goes to trial it is about the presentation of facts and proof of liability. Judge must decide whether the defendant has broken a civil law: criminal case: where the crown persecutes the accused under a public law statute. A crime is considered to be am offence against society as a whole.

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