chapter 2 reading (not in PP) Flashcards
sovereignty
people governing a country have, within their control, the supreme and absolute power to govern themselves in whatever way they choose
since when has canada been a fully sovereign nation?
since 1982 with the Constitution act
the 1982 Constitution act
sets up structure for our government (federal and provincial)
restricts our federal government by stating it cannot make laws relating to matters given to provinces
provincial legislatures
to pass laws on subjects that the constitution says are reserved exclusively for them
the three elements of the federal parlement
- house of commons
- senate
- queen
the two elements of the quebec legislature
- national assembly
2. queen
the Governor General
the representative of the Crown in Canada
ensures that our country always has a prime minister
calls Parliament prorogues Parliament, and dissolves existing Parliament
the Lieutenant Governor
the Queen’s representative in each province of Canada
the only source of authority to make laws in Canada
the Constitution
–> tells us which of the governments has the right to enact legislation on specific matters
–> limits all governments form imposing any arbitrary laws contradicting the rights granted by the Constitution
a code
deals with many subjects in a broad area
interpretation can be made with the aid of outside sources such as previous laws or decisions, as well as writings of respected jurists
the Courts of Quebec
the court of appeal
the superior court
the court of quebec
the municipal courts
court’s jurisdiction
courts have different levels of compentencies
–> can refer to the nature, or type of cases brought before that court
or
–> the geographic area of the province where the court may hold its sittings and from which it may hear cases
Municipal court
court in each city or municipality in a province
except for large cities in Quebec (montreal, laval, and Quebec city), it is usually a part time court
–> one or twi evenings each week
in regard to violations to municipal laws and to minor criminal matters
doesn’t look at when someone is suing someone else for money
why is the court of quebec called the court of first instance?
because cases come to this court the first time they are heard
the three divisions of the court of quebec
civil division (includes the small claims court)
youth division
criminal and penal division
which cases does the court of quebec hear?
value claimed or contract in dispute is more than $7K and less than $85K
–> except for alimentary pension or alimony
cancelling a lease when the amount claimed for rent and damages is less than $85K
recovering unpaid municipal or school taxes
hearing adoption matter applications
when can the judgement of the court of quebec be appealed in the court of appeal?
if the value of the object in dispute is greater than $60K
–> cases below cannot be appealed and are final judgement
true or false
the judges of the court of quebec are appointed by the provincial government for life?
true
why were small claim courts organized in 1972?
to relieve backlog of cases and pressure on higher courts
–> to enable people to obtain faster and less expensive settlement on minor court cases
to which court does the inquisitive method belong to and what does it do?
the small claim court
one judge hears the parties, asks them about relevant facts, and renders a decision
criteria for small claim courts
no more than $15K
claim must arise out of a contract, or from an accident which resulted in damage
the person being sued (debtor) does not need to reside in quebec
the debt must be owed personally or directly to the creditor (person suing)
an association, partnership, or corporation suing must not have had more than 10 employees working for it during the previous 12 months
lawyers are not permitted to represent people in this court except if given permission due to the complexity of the case
a person suing or being sued should come to court in person
–> if not, we give a mandate to someone in the room without charge
full time employees must represent corporations
can reduce amount we sue for down to $15K from higher
no appeal
–> money owed must be paid within 10 days
mandate
authority to act for another person
which court do the appeals in the court of appeal come from?
the superior court
court of Quebec (in special cases)
the 3 decisions the court of appeal can choose?
the superior court’s decision stands
the court of appeal overrules decision and implements its own
can rule the case to be heard again
highest court in Canada
the supreme court of canada
the 3 decisions the supreme court of canada can choose?
the superior court’s decision stands
the court of appeal overrules decision and implements its own
can rule the case to be heard again
the federal court of canada
deals with matters that concern the federal government
has a first instance section and appeal action
administrative matters, disagreements between citizens and federal government
appeals for cases decided by other federal courts and citizenship matters
who pays the higher court judges’ salaries?
the federal government
who pays the lower court judges’ salaries?
the provincial governments
how many years as a lawyers to be a judge?
what other requirements are needed
10
new judge must give up private practice and severe any business relationships
which approach do judges in canada use to ask questions to better understand a case?
adversarial approach
adversarial approach
parties represented usually by their lawyers are opponents or adversaries
–> judge must decide which of the two parties has presented a stronger case
inquisitive approach
used in france
judge asks questions and carries out cross-examinations
also used small claim courts with no lawyers involved
who is the only person that can make a claim for payment on behalf of another person with the threat of legal proceedings as a consequence of non-payment
a lawyer
solicitors
in England
deal with the public
provide legal advice on all matters
comes from a blend lawyer and notary
barrister
in England
argues cases
specializes in court procedure and legislation
comes from a blend lawyer and notary
can someone be both a solicitor and a barrister?
nah boy
the four kinds of lawyers in france
avocat
avoué
agréés
notaire
avocat
the lawyer who pleads cases before the court, both civil and criminal
avoué
officer of the court who may deal directly with clients
prepares the written documents and pleadings
more similar to English solicitors
agréés
lawyers who practice before the commercial courts like an avoué
notaire
a specialist
the only member of the french legal profession who can handle real estate transactions, prepare marriage contracts, and liquidate successions
can someone be both an avocat and a notaire?
nah
in quebec, can someone be both a lawyer and a notary?
nah, must choose one
authentic acts
documents prepared by notaries
signed by parties in presence of notaries
original copies remain with notaries
makes proof of its own content (does not have to be proven in court)
prepared en minute or en brevet
when were notaries and lawyers deemed incompatible professions
in 1785
deeds (documents) en minute
kept separate
numbered consecutively in the notary’s records
deeds (documents) en brevet
executed with one or more originals which are delivered to the parties
commissioner of oaths
may receive solemn declarations when the person takes the oath and signs the document
do not have nor require legal training
do not need to verify is what is said is true
cannot charge more that $5 for their services
cannot sign shit for their family
the legal aid act
provides the services of a lawyer or notary free of charge to anyone who cannot afford them
available to anyone who can prove assets and revenues do not exceed what the government requires
when is legal aid available ?
a) criminal defence matters in first instance
b) certain family matters
c) alimentary obligation
d) cases under the youth protection act
cases where legal aid is excluded
a) taking action for defamation or libel
b) contest the result of an election
c) taking action for breach of promise or marriage
d) defending a parking violation
