Canadian Legal System

Question 1

What is precedent?

Answer 1

Binding decisions from similar or higher courts.

Question 2

What is distinguishing a case?

Answer 2

Legal precedent may not apply because the facts differ sufficiently.

Question 3

What is the law of Equity, what’s it’s focus

Answer 3

Fairness

Question 4

Within the BNA (now, constitution act) which sections divide powers between federal and provincial government

Answer 4

s.91, s.92

Question 5

In the CCRF, what does s.1, 32, 33 say?

Answer 5

s.1 Reasonable exceptions
s.32 Charter only applies to government
s.33 notwithstanding clause

Question 6

What are potential remedies in court?

Answer 6

Damages:

• General - non-quantifiable losses (emotional damage)
• Special - quantifiable losses (loss of wages)
• Punitive - to punish the wrongdoer

Other:

• Injunction - stop order
• Specific performance - fulfil the terms of an agreement
• Accounting - Pay over profits

Question 7

How does one enforce the judgement if the defendant doesn’t pay?

Answer 7

Post trial hearing to identify assets, Courts may seize property, garnish wages, charge with “contempt of court (related to order of specific conduct)”

Question 8

What are the 3 ways for Alternative Dispute Resolution? Describe them

Answer 8

Negotiation - Parties discuss issue, may result in a legally binding agreement
Mediation - Neutral outsider helps parties settle dispute, Court’s may affirm decision
Arbitration - Independent third party makes a binding decision, decision can’t be appealed, but procedure can be appealed

Question 9

What are some Pros and Cons of ADR?

Answer 9

Pro:
-Lower cost
-Private (not in public record)
-Parties maintain control of the solution

Cons:
-Courts have more power to extract information
-Decisions don’t have to follow precedent
-No public record (common law may lag behind current societal values)

Question 10

What is administrative law?

Answer 10

Regulatory bodies making decisions wrt statutes or regulations

Question 11

What are the advantages of a tribunal over courts?

Answer 11

Cost-effective, usually involves experts in field under dispute

Question 12

What is the probability needed for criminal law?

Answer 12

Prove beyond a reasonable doubt

Question 13

What does one need to show for criminal prosecution?

Answer 13

Wrongful conduct, and intention to commit the act

Question 14

What is a strict liability offence?

Answer 14

A tort where there isn’t a need to show intention, only the need to show that the offence took place.

Question 15

What defence can be raised for strict liability offences

Answer 15

The only defence that can be raised is due diligence