Chapter 3 - Law Flashcards
What is the difference between public and private law?
Public Law: Addresses issues that affect the whole society
Private Law: Deals with relationships among individuals in the society
List three federal courts and three provincial courts.
Federal • Supreme Court of Canada • Federal Court • Tax Court Provincial • Provincial Court of Appeal • Provincial Superior Courts • Provincial Courts
Explain the difference between a plaintiff and a defendant
In a civil case, the person who initiates the case or sues is called the plaintiff. The person being sued is the defendant.
What is meant by settling out of court?
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.
What is meant by an appeal?
- review of a trial to receive a different verdict or sentence
- takes place in a court one level higher than the original
What is meant by ADR? Name two forms of ADR and describe their major differences.
Conflicts and disputes are resolved privately rather than through litigation through these methods:
• Negotiation
• Mediation
• Arbitration
What are the three remedies available from a civil law court case? Which is the most common remedy?
- Monetary or Damages
- Declaratory
- Specific Performance
Monetary is the most common remedy