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| Law that deals with rights and duties of people in society |
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| Deals with Government (ex criminal punishment) |
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| Deals with relationships between persons |
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| Judges make law (court decisions) |
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| Principle of Stare Decisis |
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| Past judges decision. Generally it is a binding precedent for courts lower in the judical hierarchy. |
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| Is binding (Why the judge decided the way they did) |
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| Is not binding (everything else the judge says) extra information the judge gives example: 'I would have made the same decision if X happened.' |
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| What are the 4 things that a statue can do? |
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-Make a new law
-Remove court made laws
-Modify a law
-Codify a law to make it easier to find |
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| Explain what is meant by: 'The charter of rights is said to be entrenched' |
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-It means a majority vote is not enough to change the charter
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| What would it take to be able to change the charter of rights? |
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-You need a majority vote from the house of commons
-You need a majority vote from the senate
-You need a majority vote from at least 2/3 (7/10) of Canadas provincial legislatures where the ones voting in favor represent at least 50% of the Canadian population (meaning it would be impossible to win without Ontario or Quebec) |
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| Explain Section 33-> Notwithstanding clause |
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Definition
| Federal or Provincial Government can expressly override the rights that are set out in certain sections of the charter (2,7-15). However it is a sunset clause meaning it must be revoted on every 5 years or its gone. |
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| Explain Standards of Proof |
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Definition
There are two types
-Criminal-Beyond a reasonable doubt (Needs to be 100% sure) The crown brings it to court. The opposition is the Accused. The Accused is found Guilty or not Guilty.
-Civil-On a balance of probabilities (Needs to be more convincing) Plaintif brings it to court and the opposition is the Defendant. The Defendant is found Liable or not Liable |
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| Once a matter is judged upon it cant be brought up again.. You can appeal a decision within a required period of time but after, it is Res Judicata and it cant be brought up again. |
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| What does the Hierarchy of the Federal courts look like |
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Definition
Supreme Court of Canada
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Federal Court of Appeal
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Federal Court / Tax Court of Canada |
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| What does the provincial Court System look like |
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Definition
Supreme Court of Canada
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Provincial court of Appeal
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provincial court / Court of Queens Bench
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provincial court / Small Claims Court |
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Term
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Definition
Has judges that can only deal with matters set out in statute
All lower level courts are inferior (small claims court) |
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Definition
has judges that can deal with any type of law except for areas denied by a statute
Higher level courts are superior (Manitoba court of appeal) |
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| Explain the small claims court |
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Definition
| It is a inferior court. It deals with matters in which the sueing amount is $10000 or less. You can represent yourself rather than hiring a lawyer and the judges do not need to be a lawyer. |
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| Explain the Manitoba court of appeal |
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Definition
| It is an appeal court that is superior. Has to be at least 3 judges to hear the appeal and there will always be an odd number of judges. They can dismiss, allow, vary the amount or even send it back through the court system |
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| What year was it that Canada had the power to change the constitution |
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Definition
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| Explain the Federal court system |
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| It is a superior court similar to the court of queens bench. Some issues can only be dealt with here such as, immigration, shipping and navigation. Cannot deal with family law matters. |
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| Explain how appealing works |
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Definition
| Everyone has the right to appeal a decision to a higher court in a given period of time. Unless you want to appeal to the supreme court of Canada. In this case permission must be asked for |
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| Explain the Supreme court of Canada |
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Definition
| There are a total of 9 judges in the SSC and 3 of them are always from Quebec. A minimum of 5 judges is needed to hear an appeal |
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| Who may sue and what options do you have if you cant |
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Definition
| Not everyone can sue. You must be an adult not suffering from a disability. A letigation guardian can take someone who is unable to represent themself. In a case where someone does not have a letigation guardian there is an office of a public guardian and trustee |
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| Who has the standing to sue |
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Definition
| You have the standing to sue if it affects you personally. ex You cannot sue someone for starting a fire on property that isnt yours. |
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Term
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| Class actions is when one person represents a large group of people who are yet unidentified, to deal with a common problem. |
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| Why are many matters settled outside of court |
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Definition
| Because the court system is a very costly and long process. You are allowed to settle at anytime before or during trial |
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Term
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Definition
There are two types of costs. The first is party and party costs. You must pay all the disbursments (expenses) that the winning party inured. There is also a tarif that shows how much a party must pay depending on the amount sued for.
The second type of costs is solisiter and client costs. You need to ask for these costs to be awarded. If awarded not only does the losing party have to pay disbursments but also pay for the winning parties lawyer fees. Usually only awarded if the losing party commited fraud |
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| In which ways are lawyers paid |
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Definition
Lawyers can be paid in two ways. First is an hourly wage plus a retainer which is an account set aside so that the lawyer can pay for expenses
The second way a lawyer can be paid is through a contingent fee. This is when the client and the lawyer make an agreement where the lawyer takes a percentage of the winnings and doesnt require payment if the case is lost. However disbursments must still be paid by the client regardless of outcome. |
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| Who qualifies for Legal aid |
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Definition
| If you are below a certain income threshold you can get a lawyer paid for. Two main situations when this happens. 1) when you are faced with criminal charges that could result in prison time. 2) For family matters. |
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| What are the two ways of getting legal aid |
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Definition
1) the legal aid system- the government appoints you a lawyer
2) Judicare system (probono) you can ask a private lawyer to assist you. The Government will pay the lawyer |
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| What are the three stages in the Court of Queens Bench |
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Definition
1) Pleadings stage
2) Discovery stage
3) Pre trial conference |
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| Explain what happens during the Pleadings stage |
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Definition
There are three types of documents in the pleadings stage.
1) the statement of claim- File in the queens bench and serves on the defendant (Why you are sueing and what you want)
2) Statement of Defence- file in the Queens bench and serve on the plaintifs lawyer (Defendant admits to what is true and denies what they believe is wrong and gives facts)
3) statement of reply (optional) |
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| Explain what happens during the Discovery stage |
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Definition
Each party has their lawyer make an Affidavid of documents. It will contain a list of all documents relevant to the case and in most cases both parties affidavids will be the same.
Examination of Discovery
The parties will meet and a third party will record what happens.
Both lawyers may counterexamine the others client.
This allows everyone to hear both sides of the story, allows you to examine credibility of other client and you hope to obtain information from the other party while they are underoath |
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| Explain what happens during the Pre trail conference |
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Definition
| A judge (not the same judge that will be used in the trail to avoid biases) meets with both parties. The judge asks for clarification and tries to get the parties to settle. Also they find out how many witnesses there will be and an estimation of how long the trial will be. Then they set a trial date. |
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Term
| What are the advantages and disadvantages of being a sole proprietor |
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Definition
Advantages
All profits are yours
Easy to commence operations
Disadvantage
All liabilities are yours (unlimited liability) |
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Term
| How can a sole proprietor limit their liability |
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Definition
-by obtaining liability insurance
-using contracts
-you can transfer all belongings to a spouse or common law so when you are sued there will be nothing to take. |
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