Unit 4: Other Legal Matters
Learning Goals
By the end of this unit students should...
1. Demonstrate an understanding of different types of contracts
2. Demonstrate an understanding of the litigation of Small Claims
1. Demonstrate an understanding of different types of contracts
2. Demonstrate an understanding of the litigation of Small Claims
Unit 4.1 Contract Law
Pro Contracts & Pro Money
1. What is a salary cap and salary/luxury tax?
2. What is a guaranteed contract? 3. What is arbitration? 4. Why do NBA Players get more money in endorsement deals? 5. Why is social media so important for athletes? |
1. What are some concerns of private online gambling?
2. How can athletes make more money from this? 3. What are the benefits to Ontarians? |
Contract Law
Contract Law | |
File Size: | 1314 kb |
File Type: | pptx |
Unit 4.2: Tort Law
Tort Law - Injuries done by one person to another person's body. Person vs. Person not Government vs. Person.
Damages - Money awarded to a plaintiff for harm or injury suffered.
Balance of Probabilities - the standard of proof in a civil case meaning "more probable than not"
Damages - Money awarded to a plaintiff for harm or injury suffered.
Balance of Probabilities - the standard of proof in a civil case meaning "more probable than not"
Watch the video on Tort Law and complete the case below
On June 16, 2001, the plaintiff, Barrett Rudman broke both elbow when he went over the handlebars of his bicycle. He was freaked hard in a 'panic' stop to avoid colliding with Charles Hollander's car. Evidence was conflicting about how far apart the car and the bike were when Rudman applied his breaks and fell.
Rudman was riding behind Hollander's car as they approached a stop sign. As Hollander's car was reducing speed approaching the intersection, Rudman was increasing speed. The plaintiff had bough the bike 6 weeks earlier and had never attempted such a stop before. Rudman claimed that Hollander slowed abruptly and moved to the right, blocking him from passing between Hollander's car and the curb. Hollander testified that he did not apply his breaks until after he heard a noise behind him, stopped to investigate and saw Rudman and his bike on the ground; there was no collision. There was no evidence such as skid marks indicating a rapid slowing of the defendants vehicle.
- What do you think the judge decided in this case? Explain.
Rudman was riding behind Hollander's car as they approached a stop sign. As Hollander's car was reducing speed approaching the intersection, Rudman was increasing speed. The plaintiff had bough the bike 6 weeks earlier and had never attempted such a stop before. Rudman claimed that Hollander slowed abruptly and moved to the right, blocking him from passing between Hollander's car and the curb. Hollander testified that he did not apply his breaks until after he heard a noise behind him, stopped to investigate and saw Rudman and his bike on the ground; there was no collision. There was no evidence such as skid marks indicating a rapid slowing of the defendants vehicle.
- What do you think the judge decided in this case? Explain.
Small Claims Court
The court to resolve civil claims of 10k or less. Cased are tried informally with a Judge. Judge allows both parties to explain their side of the story.
Typical Small Claims Actions:
- breach of contract - claims of minor accidents - damage to property - recovery of property |
- unpaid - unpaid loans - unpaid rent - unpaid wages |
Small Claims Court Process
Step 1: File and Serve a Claim:
- Litigant (plaintiff) (Full name and address - Litigant (defendant) full name and address - Amount of money claimed - A brief, clear summary of the reason for the claim |
Step 2: Defence or Reply
- Statement of defence: the defendant's response to the plaintiff's complaint that clearly outlines their reasons for disagreeing with the claim or - Counterclaim: the defendant's suit against the plaintiff for damages or other relief or - Some or partial payment to the court/have an out of court settlement |
Step3: Pre - The Trial
- Pre - trial conference to try and settle before trial
- Trial by judge or jury of 6 depending on the province and amount sued for
- Each party explains their side of the case and can call witnesses if necessary
- If there is a jury they must consider who is at fault, and what caused the injuries as well as what and how much damages should allocated
- Pre - trial conference to try and settle before trial
- Trial by judge or jury of 6 depending on the province and amount sued for
- Each party explains their side of the case and can call witnesses if necessary
- If there is a jury they must consider who is at fault, and what caused the injuries as well as what and how much damages should allocated
Complete the case below and be prepared to discuss the question at the end.
Thomas v. Hamilton | |
File Size: | 389 kb |
File Type: | jpg |
Damages - Watch the video on Damages below.What are the differences between general, special and punitive damages?
|
Negotiation:Resolving disputes happens all the time. Sometimes you need to negotate. The two parties agree on a process and follow through. You see this all the time in athletics.
|
Final Assessment - 10%
While your Mock Trial made up 20% of your Course Culminating Assessment, you also have short sit down 'Test'.
The Test comprises of 2 parts.
Part 1: Case Study. You will read a Case Study (you will be given the case the day before the test. You must attend class to get the case). There is 4 questions about the case that deal with the above Tort Law section. Study the above and include any other legal concepts from the course that you feel are important in your answers.
Part 2: Reflection. You will answer 3 questions in paragraph form that detail your learning in the course. There is no real way to study for this other than to review the concepts you learned in the course that you think are most important (Charter? Criminal Code? YOA?) AND include them in your answers. Reflect what you liked and what you didn't like as well as what you learned and would like to learn more of.
You will have the entire period June 15th to complete the assessment.
The Test comprises of 2 parts.
Part 1: Case Study. You will read a Case Study (you will be given the case the day before the test. You must attend class to get the case). There is 4 questions about the case that deal with the above Tort Law section. Study the above and include any other legal concepts from the course that you feel are important in your answers.
Part 2: Reflection. You will answer 3 questions in paragraph form that detail your learning in the course. There is no real way to study for this other than to review the concepts you learned in the course that you think are most important (Charter? Criminal Code? YOA?) AND include them in your answers. Reflect what you liked and what you didn't like as well as what you learned and would like to learn more of.
You will have the entire period June 15th to complete the assessment.