Chapter 3 - Canadian Law Flashcards
What is the difference between public and private law?
Public law
Matters that affect society as a whole.
- criminal law
- constitutional law
- administrative law.
Laws that deal with the relationship between the individual and the state, or among jurisdictions.
A wrong against society as a whole, and the state takes steps to prosecute the offender.
Private law
Relationships between individuals in society.
Settle private disputes.
Private law deals with such matters as:
- contracts,
- property ownership
- the rights and obligations of family members
- damage to one’s person or property caused by others.
When one individual sues another over some private dispute, this
is a matter for private law. Private suits are also called civil suits.
List three federal courts and three provincial courts.
Federal courts include:
The Supreme Court of Canada
Courts Martial
Tax Court
Provincial courts include:
The Provincial Courts of Appeal
The Provincial Superior Courts
The Provincial Courts
Explain the difference between a plaintiff and a defendant.
Plaintiff - the person who initiates the case or sues
Defendant - the person being sued
What is meant by settling out of court?
the plaintiff and the defendant reach an agreement through facilitated negotiations prior to the judge rendering a decision in the case.
What are the three remedies available from a civil law court case? Which is the most common remedy?
Remedies in a civil case:
- damages (monetary remedies) - most common
- declaratory remedies (making a statement or declaration)
- requiring the defendant to do or not do something (specific performance
or injunction)
What is meant by an appeal?
a review of a criminal or civil trial at the request of either party…
in order to obtain a different decision and/or a different sentence/remedy. In some situations, parties have an automatic right to an appeal. In other situations, parties must request an appeal.
What is meant by ADR?
Name two forms of ADR and describe their major differences
ADR is alternate dispute resolution
Negotiation - the parties work through their issues without having an external party assist in the process or impose a particular resolution. The parties may receive coaching behind the scenes from experts or friends, but the actual discussion process is conducted by the parties themselves.
Mediation - the parties request a neutral, external person called a mediator to help them come to a mutually acceptable agreement. The mediator is trained to make sure that all parties in the dispute get heard and that the discussion remains calm, respectful and non-confrontational.
Arbitration - the parties refer their disagreement to a mutually acceptable, independent third-party expert called an arbitrator. The arbitrator does not need to be a lawyer. The arbitrator is often a specialist in the topic under dispute, with additional training in arbitration. The parties agree before the arbitration starts that they will be bound to the arbitrator’s decision.
What are the sources of Canadian Law?
- Common (English) Law and Equity
- Statute Law
- Administrative Law
What is the law?
- any written rule that was created by and is enforced by the authority of a government and the courts.
- a rule that has the weight of a government and the courts behind it.
- all of the laws of a society collectively.
- a whole set of rules for a society, enforced by that society’s government, so that the society functions in a certain organized and logical way.
What is the Canadian Constitution?
The Canadian Constitution is a series of constitutional enactments. A constitution defines the powers that different levels of government have and don’t have in making and changing law and how that law is to be interpreted and applied.
The Canadian constitution is comprised of the following documents:
1. The Constitution Act of 1867, known as the British North America Act or BNAA.
2. The Constitution Act of 1982. a seven-part document dealing with subjects such as the Canadian Charter of Rights and Freedoms.
3. Section 52 of the Constitution Act, 1982 lists over 30 additional legislative documents and orders that also form part of Canada’s constitution.
What are the Human Rights and Freedoms defined in Canada?
A document that protects our rights and freedoms as Canadians in the following areas:
1. Fundamental freedoms
2. Democratic rights
3. Mobility rights
4. Legal rights
5. Equality rights
6. Language rights
7. Minority language educational rights
8. Aboriginal rights
What is the structure of the court system in Canada
- Supreme Court of Canada
2a. Court Martial Appeal Court
2b. Military Courts
2a. Provincial Courts of Appeal
2b. Provincial/Territorial Superior Courts
2c. Provincial Administrative Tribunals
2d. Provincial Courts
2a.Federal Court of Appeal
3a. Federal Court
3b. Federal Administrative Tribunals
3a. Tax Court of Canada
What are the differences between criminal and civil cases?
Criminal cases - involve the application of Statute Law to resolve an issue between an individual or party and the State. Sometimes Common Law is applied in criminal cases.
Civil cases - the application of Common Law to resolve an issue between two individuals or parties.
How are ongoing changes in Canadian law made?
current > change in society > evaluation of law > change in law
