ENH 121 Lecture Notes - Lecture 3: O. J. Simpson, Regulatory Law, Employment Discrimination
27 Apr 2016
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Civil dispute between private parties (sue for damages) private. Prosecutor vs defendant - dispute against state (crown) Preponderance of evidence or balance of probability (51%) more likely than not. Civil charges pay damages and equitable relief (take refrain from certain actions) Criminal charges death, imprisonment, criminal fines government. Canada plaintiff: common law tort law. Judge made and use precedents (applied to future disputes for similar law passed) Only the people involved care about the lawsuit: statutory law statues passed by legislature and signed into law by executives (president, mayor) Allow private cause of action (allow private parties to sue each other ex. Purpose of the act (not necessarily people but whoever has more of a case) The injuries on which a claim of tort liability is based might also form the basis of a criminal action. Common law can be incorporated with statutory: part of common law of tort has been claudified into statutory law legislature radifies these rules.
