Canadian Legal System Flashcards

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1
Q

three primary features of canadian constitution

A
  1. division of power
  2. creation of courts
  3. canadian charter of rights and freedom
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2
Q

competition act

A

provides general regulation of trade and commerce in respect of conspiracies, trade practice and mergers affecting competition

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3
Q

Hierarchy if provincial court system

A
  1. supreme court of canada
  2. provincial court of appeal
  3. provincial supreme court
  4. provincial (small claims) court
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4
Q

common law

A
  • laws created by judges based on principles of law and equity
  • strict interpretation of statutes
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5
Q

civil law

A
  • body of rules
  • liberal interpretation of statutes
  • broad rules, general principles
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6
Q

case law

A

created by judges to create legal principles and interpret statutes. past cases are looked at to predict/decide outcome of current cases

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7
Q

contracts

A

voluntary agreements between two or more parties that set our rights, responsibilities and liabilities

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8
Q

tort

A

private or civil wrong or injury, one that involves negligence and may arrive independently of contract

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9
Q

negligence

A
  • failure to take reasonable care of another party

- plaintiff must prove they suffered a loss or injury

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