ch. 3 Resoloution of disputes Flashcards
What are the main types of courts in Canada?
Federal courts
Provincial courts
Specialized courts
What is the difference between civil and criminal cases?
Criminal: The government prosecutes, and guilt must be proven beyond a reasonable doubt.
Civil: One party sues another, and liability is determined on a balance of probabilities.
What is the burden of proof in a criminal case?
“Beyond a reasonable doubt” – the Crown must prove guilt convincingly.
What is the burden of proof in a civil case?
“Balance of probabilities” – the plaintiff must prove their claim is more likely true than not.
What are courts of appeal?
Higher courts that review decisions made by lower courts.
What are limitation periods?
The time limit for filing a lawsuit.
How is jurisdiction determined?
Where the defendant resides
Where the incident occurred
Contract clauses specifying jurisdiction
What are pleadings?
Written documents outlining the claims and defenses in a lawsuit.
What is discovery?
A pre-trial process where both parties exchange evidence.
What happens during a civil trial?
Plaintiff presents evidence
Defendant presents their case
Judge/jury makes a decision
What is the role of a judge in a civil trial?
Determines legal issues and oversees the trial.
What are damages in a civil lawsuit?
Monetary compensation for losses.
What are punitive damages?
Extra money awarded to punish the defendant for misconduct.
What is specific performance?
A court order requiring someone to fulfill a contract.
What is an injunction?
A court order to stop someone from doing something.
What is garnishment?
A court order taking money from a debtor’s wages or accounts.
What is a class action lawsuit?
A lawsuit filed by a group of people with the same legal issue.
What is an administrative tribunal?
A government body that resolves disputes outside of court.
What is alternative dispute resolution (ADR)?
Ways to settle disputes outside of court.
What are the main ADR methods?
Negotiation: Parties discuss and resolve the issue.
Mediation: A neutral third party helps reach an agreement.
Arbitration: A neutral third party makes a binding decision.
What are the advantages of ADR?
Faster and cheaper than litigation
More flexible
Preserves relationships
What are the disadvantages of ADR?
May not be legally enforceable
No formal rules of evidence
What is judicial review?
A court’s power to review decisions made by government agencies.
What is ultra vires?
When a government or agency acts beyond its legal power.
What is certiorari?
A court order nullifying an administrative decision.
What is prohibition?
A court order stopping an agency from making a decision.
What is mandamus?
A court order forcing an agency to make a decision.
What is privative clause?
A legal clause limiting judicial review of an agency’s decisions.
What is online dispute resolution (ODR)?
Using the internet to resolve disputes.
When is arbitration commonly used?
In business disputes and contracts.
