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LWSo 203 - Negligence.doc

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University of Calgary
Law and Society
LWSO 203
Marywyatt Sindlinger

Tort Law 1) Criminal Law vs. Civil Law a) Criminal law -goal of social control i) Public Law -The state (on behalf of all) vs. the accused -goal is to control behaviours and prevent bad behaviour ii) Accused/ Crown prosecutor -the state on behalf of society iii) Guilty/not guilty -a moral judgement -what the accused did was morally wrong -punishment of the offender iv) Beyond a Reasonable Doubt -guilt must be proven beyond reasonable doubt b) Civil Law (negligence law) i) Private law -two people vs. one another -also a form of social control, trying to promote safe relationships and a safe society ii) Plaintiff/defendant -2 parties enforcing law against one another iii) Liable/not liable -not a moral judgement (they could be morally innocent) -the defendant did something that had a negative effect on another and they are responsible for the effect of their actions -compensation of the victim (compensation for damages incurred) iv) Balance of probabilities -it is more likely than not that the actions of the defendant caused injury to the plaintiff -ex. Oj Simpson case 2) Tort Law a) Purpose: compensation -the orderly functioning of society and safe conduct of social life -how we must behave in regard to one another in society to keep everyone safe -set standards of behaviour -if you wrong another person, you will compensate the injured party for the wrong done via an award of monetary damages -the goal is to compensate the victim for the damages they have/will suffer -to return the plaintiff to the way they were prior to the wrongdoing, to make them “whole” again -not intended to punish the defendant, but to hold them responsible (in some cases
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