Chapter 3 - Law Flashcards

1
Q

What is the difference between public and private law?

A

Public Law: Addresses issues that affect the whole society

Private Law: Deals with relationships among individuals in the society

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2
Q

List three federal courts and three provincial courts.

A
Federal
•	Supreme Court of Canada
•	Federal Court
•	Tax Court
Provincial
•	Provincial Court of Appeal
•	Provincial Superior Courts
•	Provincial Courts
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3
Q

Explain the difference between a plaintiff and a defendant

A

In a civil case, the person who initiates the case or sues is called the plaintiff. The person being sued is the defendant.

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4
Q

What is meant by settling out of court?

A

In a civil case, the plaintiff and the defendant reach an agreement through facilitated negotiations prior to the judge rendering a decision in the case.

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5
Q

What is meant by an appeal?

A
  • review of a trial to receive a different verdict or sentence
  • takes place in a court one level higher than the original
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6
Q

What is meant by ADR? Name two forms of ADR and describe their major differences.

A

Conflicts and disputes are resolved privately rather than through litigation through these methods:
• Negotiation
• Mediation
• Arbitration

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7
Q

What are the three remedies available from a civil law court case? Which is the most common remedy?

A
  • Monetary or Damages
  • Declaratory
  • Specific Performance

Monetary is the most common remedy

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