Chapter Three - Intro to Canadian Law

Question 1

What is Public Law?

Answer 1

Public Law deals with matters that affect society as a whole. It includes areas of the law that are known as criminal, constitutional and administrative law. These are laws that deal with the relationship between the individual and the state.

Question 2

What is Private Law?

Answer 2

Private Law deals with the relationships between individuals in society and is used primarily to settle private disputes. Private Law deals with such matters as contracts, property ownership, the rights and obligations of family members, and damage to one’s person or property caused by others.

Question 3

List 3 federal courts and 3 provincial courts.

Answer 3

Federal Courts;
1. The Supreme Court of Canada.
2. Courts Martial.
3. Tax Court.
Provincial Courts:
1. The Provincial Courts of Appeals.
2. The Provincial Superior Courts.
3. The Provincial Courts.

Question 4

Explain the difference between a plaintiff and a defendant.

Answer 4

The plaintiff is the person who initiates the case or sues. The defendant is the person being sued.

Question 5

What is meant by settling out of court?

Answer 5

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

Question 6

What are 3 remedies available from a civil law court case? Which is the most common?

Answer 6

1. Damages Remedies (Most Common).
2. Declaratory Remedies.
3. Requiring the defendant to do or not do something.

Question 7

What is meant by an appeal?

Answer 7

An appeal is a review of a criminal or civil trial at the request of either party in the case in order to obtain a different decision and/or a different sentence/remedy.

Question 8

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

Answer 8

ADR is Alternate Dispute Resolution.

1. Negotiation; is an ADR method in which the parties in the dispute work through their issues without having an external party assist in the process or impose a particular resolution.
2. Mediation; is an ADR method in which parties in a dispute request a neutral, external person called a mediator to help them come to a mutually acceptable agreement.