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Chapter 3
Midterm
24
Law
Undergraduate 4
10/13/2014

Additional Law Flashcards

 


 

Cards

Term
Decending order of Courts in Canada
Definition

1)Supreme Court of Canada

2)Provincial Court of Appeal------2)Federal Court of Appeal

3)Provincial/Territorial Superior court ------3)Federal Court

4)Provincial Court(small claims)------------------4)Tax Court

 

Term

BC Provincial Court(small Claims)

 

Definition
  • hears civil matters up to $25,000
  • hears some family law matters
  • hears some criminal matters
Term
BC Supreme Court
Definition
  • hears civil matters over $25,000
  • hears some family law matters
  • hears some criminal matter
Term
Court of Appeal
Definition

In most cases this is the court of last resort

If an error in law or procedure is established an appeal will be successful

Generally will only consider questions of law and not questions of fact

An appeal is not a new trial

Term
Federal Courts
Definition
  • Similar to provincial Superior Courts except it hears disputes that fall within the federal powers: copyrights, patents, federal lands or money, federal government contracts, etc.)
  • Has both a trial and appellate division
Term

 Supreme Court of Canada

Definition

Highest Court in Canada

Strictly an appellate court

Leave to appeal must be granted and will be considered only if the case has some ‘national significance

Hears both criminal and civil cases

Nine judges appointed by the Gov. of Canada

Term
Name the 9 Justices of the Supreme Court
Definition

Chief Justice Beverley McLachlin

Lebel

Fish

Abella

Rothstein

Cromwell

Moldaver

Karakatsanis

Wagner

Term
Other types of Courts in some province/territories
Definition

Family law courts

Youth justice courts

Surrogate or probate courts

Drug treatment courts

Domestic violence courts

Aboriginal Courts

Tax Court

Term
Jurisdiction
Definition

-Legal Authority and scope of power,

-constitution act 1867 gave federal or provincial governments jurisdiction to create laws.

 

 generally speaking it will be the geographic area where the dispute or event took place

Term
Burden of proof
Definition

Civil=balance of probabilities

Criminal=beyond a reasonable doubt

Term
Process of Litigation
Definition

1.Determine jurisdiction

2.Plaintiff files Notice of Claim (aka Statement of Claim)

3.Defendant files a Reply (aka Statement of Defence) and perhaps a counterclaim

4.Perhaps there is an application for directions or other interim applications

5.Process of discovery

a)Document discovery

b)Examination for discovery

6.Perhaps there is an offer to settle

7.Pre-trial conference

8.Perhaps there is mediation

9.Trial (plaintiff’s case, defendant’s case, rules of evidence)

10.Judgment (decisions, reasons, remedies* and costs)

11.Enforcement of judgment

Term
Limitation period
Definition

a court action must be brought within a specific time period.

new British Columbia Limitation Act, SBC 2012

Term
Enforcement of Judgment
Definition

If the plaintiff (“judgment creditor”) wins:


Seizure and sale of the judgment debtor’s property (but not the ‘necessities of life’ which are exempt from seizure)

Garnishment (attachment of debt) of wages or bank accounts

Term
Garnishment
Definition
Court orders that monies owed to the judgement debtor by third parties be paid into court and applied towards judgement debts, a portion of the defendants wages may be so directed to payment of the judgement.
Term
Class action Lawsuits
Definition

A legal action undertaken by one or more plaintiffs on behalf of themselves and all other persons have an identical interest in the alleged wrong.

Term
Executive branch of government
Definition
Part of government comprised ofthe queen acting through the prime ministers and government departments and officials; also known as the crown
Term
legislative branch of government
Definition
part of government comprised of parliament and legislatures
Term
Judicial branch of government
Definition
part of government comprised of courts and officer of the court
Term
Regulators
Definition

Government agencies including ministries, departments, boards, commisions, agencies, tribunals, and individual bureucrats at the federal, provincial, and municipal levels.

 

examples:labor relations board,human rights commisions, workers compensation boards, utilities commision

Term
What is alternative dispute resolution?
Definition

Negotiation – the disputing parties work things out themselves

Mediation – when a neutral third party assists the parties in coming to resolution on their own

Arbitration – when a neutral third party makes a binding decision in the dispute

Term

Advantages of ADR vs. Litigation:

Definition

 Less delay

Less distraction

Less expensive

Risk of adverse judgment reduced

Good relationship can be maintained

More flexibility

Can resolve international conflicts

Term

Disadvantages of ADR vs. Litigation:

Definition

Cannot ensure fair hearing

Does little to overcome power imbalance

Cannot ensure consistent outcomes

Decisions are usually not appealable

Term

Negotiation

Definition

 Usually tried first

Parties can withdraw at any time

Requires cooperation and compromise

Representatives may conduct negotiation

Relationship may be enhanced

May be conducted “without prejudice”

Term

Mediation

Definition

Neutral third party assists in decision making, but does not make decision

Mediator finds common ground

Mediators are trained

Works well when there is confidential information that one or both parties do not want disclosed in a lawsuit

Requires willingness to act in good faith and an equal balance of power

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