Mock
Trial
What?
Who?
How?
Questions?
Samuel buys a computer for $2,000. He doesn’t
buy the extended warranty.
Six months later, the computer breaks down and
Samuel takes it back to the store.
It takes two months before he gets his repaired
computer back.
Once home, Samuel still has trouble with his
computer. The salesman tells him to bring the
computer back to the store again.
Samuel decides to take the computer apart to fix
it himself. But he couldn’t solve the problem. So
five months later he returns to the store and asks
for a refund.
The store refuses. Samuel asks his mother to help
him file a claim in small claims court.
The Store’s
Responsibilities
Samuel’s
Responsibilities
It must fulfill the
promises it made at
the time of sale.
Samuel must pay
what he owes to the
store.
It must honour the
warranty it provides.
Samuel must act in
a responsible and
reasonable manner.
It must abide by the
Consumer Protection
Act (legal warranty).
Warranties
A warranty is a kind of promise that
something you buy, like a bicycle or
a computer, will work the way it
should… at least, for a certain
amount of time.
What It Is
The small claims court is a court where the
rules are more flexible than in other courts.
Purpose
To make justice more accessible.
It costs less.
It’s easy.
Kinds of Cases
Suing someone
Asking to cancel a contract
Some exceptions…
Amount
The value of the case must be $15,000 or
less.
Who Can Claim?
Anyone, except companies with more
than 10 employees.
Samuel has to file his claim in small claims
court because…
He’s suing for an amount of $15,000 or
less.
His case isn’t one of the exceptions.
He’s a person.
Note: Businesses with 5 employees or less
can also go to small claims court.
Who
are
they?
What
are their
roles?
Can you identify them?
2
1
2
3
4
5
6
Explains the rules of proof and
procedure to each side involved in
the case
Asks each side to explain the facts
and their arguments
Asks questions
Tries to reconcile the two sides
Must convince the judge that
his or her version of the facts is
true
Must give evidence to convince
the judge that his or her version
is more probable than not
Must convince the judge that its
version of the facts is true
Must give evidence to convince
the judge its version is more
probable than not
Gives information about the steps in
the trial
Helps each side prepare the
necessary documents and forms
Calls for the case to be opened
and checks whether everyone
called to the court is present
Asks people in the courtroom
to rise when the judge enters
Maintains order during the trial
Can you identify them?
1
Judge
2
Plaintiff
33
Defendant
4
Court clerk
5
Court bailiff
What It Is
Mediation is a process where a mediator
helps people involved in a dispute find their
own solution, rather than having a solution
imposed on them by a judge.
Purpose
To find a win/win solution
To reduce delays
It’s free
Judge
Court Bailiff
Court Clerk
Plaintiff
Defendant
Students
(public)
• Now that all the “players” have been
presented and you know their roles, it’s
time to begin the mock trial.
• The court bailiff can now open the
court session.
3-2-1… Action!
Mock Trial
1
Court bailiff opens the trial
2
Judge enters
3
Court clerk takes down information
Plaintiff and Defendant present their stories.
4
Judge intervenes as the trial unfolds
5
Judgment
Time It Takes
It can take up to 4 months.
Appeal
Judgments of the small claims court can’t
be appealed.
An Order to Pay
A judgment doesn’t come with a cheque.
Enforcing a Judgment
What to do if the losing side doesn’t pay
1
Find out what your rights and responsibilities are.
2
Know what resources there are to help you.
3
Decide what you want to achieve.
4
Be on top of things.
5
Talk to the right people.
6
Communicate clearly.
7
Be confident – you have rights!
Conclusion
Questions?
Resources
Plain
language
Éducaloi explains the law to Quebecers
in language that is easy to understand.