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Definition
| the body of rules that can be enforced by the courts or by other government agencies |
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the rules determining behavior
eg. criminal code, murder |
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Definition
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| Define Private (civil) Law |
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Definition
the rules governing personal interactions where an individual enforces his/her rights by suing another who has injured them
eg. contract law |
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Definition
the dispute involves government
eg. statutes |
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| What kind of law does Quebec use? How about the rest of Canada? |
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Definition
Quebec uses Civil Code (France, Romans).
The rest of Canada uses common law (England). |
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Term
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Definition
* Roman origin, modified by Napolean
* codified body of rules |
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Definition
* system of law derived from England
* judge-made law; based on precedent |
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| What is Precedent or stare decisis? |
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Definition
* a cause involving the same issue decided in a court higher in the judicial hierarchy
eg. judge in Provincial Court of BC is bound to follow the decision of BC Court of Appeal |
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| * separate court for awarding equity (damages and remedies) |
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| What is significant about the Constitution Act (1867)? |
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Definition
It divides powers between federal and provincial governments.
* federal - money, banking, military, criminal, weights, measures
* provincial - health, education, local commerce |
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| What is significant about the Constitution Act (1982)? |
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Definition
* gave Canada independence
* included Charter of Rights and Freedoms |
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| What is significant about the Charter of Rights and Freedoms? |
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Definition
| * it entrenches individual human rights from being abused by government |
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| What rights does the Charter protect (5)? |
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Definition
1) Democratic rights - eg. vote
2) Mobility rights - eg. live and work anywhere in Canada
3) Legal rights - eg. right to life, liberty, security, have a lawyer, tried in reasonable time, have jury trial
4) Equality rights - eg. prohibits discrimination
5) Language rights |
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Term
| Describe the structure of courts in Canada. |
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Definition
Supreme Court of Canada
a) Court of Appeal of Province
i) Supreme Court of Province
- Probate Courts
- Small Claims Court
- Family Court
- Provincial Court
- Youth Court
b) Federal Court of Appeal
i) Federal Court Trial Division
ii) Tax Court of Canada |
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| Describe what each of the Provincial Courts are (probate, small claims, family, provincial, youth). |
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Definition
1) Probate - state and wills procedure; handled by ministers
2) Small claims - < $25,000
3) Family court - family issues like custody and access
4) Provincial court - criminal division
5) Youth court - set up for young offenders |
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Term
| Which court handles cases dealing with < $25,000 and which court handles cases > $25,000 ? |
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Definition
< $25,000 small court
> $25,000 Supreme Court of Province |
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Term
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Definition
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| punishing, to send a message to deter people from doing the same thing |
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| order to stop the offending conduct |
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| Define specific performance. |
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Definition
order that one contracting party actually fulfill the terms of agreement
eg. Johnny Depp agreed to sell his motorcycle to you so he must go through with it |
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Definition
| the defendant must pay over any profits he/she has made because of his/her misdeed (not the same as compensating victim for their loss) |
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| How does the purpose differ between criminal and civil laws? |
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Definition
Criminal - protect public
Civil - compensation |
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Term
| How do the names of the parties differ between criminal and civil laws? |
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Definition
Criminal - Regina/Rex v. the accused
Civil - Plaintiff v. defendant |
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Term
| How do the remedies differ between criminal and civil laws? |
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Definition
Criminal - sentence, fine, etc
Civil - equitable remedies, damages, quantum meruit |
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Term
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Definition
you are given a portion of the full price because you didn't finish the work
eg. painter finished only half the room, so he can be paid for half of what was agreed on |
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Term
| Describe the steps in the Civil Process. |
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Definition
1) Civil Dispute
2) Plaintiff Consults Layer
3) Demand Letter
4) Writ of Summons Issued
5) Writ Served on Defendant
6) Defendant Enters Appearance
7) Pleadings
a) Statement of Claim
b) Statement of Defence / Counterclaim / 3rd Party Notice
c) Reply and Defence to Counterclaim
8) Discovery
9) Interim Motions
10) Trial
a) Defendant Found Not Liable
- Case dismissed
- Costs
- (possible appeal)
b)Defendant Found Liable
- Ordered to Pay Damages/Costs (possible appeal)
- Enforcement of Judgement |
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