Civil Laws and Penalties

Question 1

Name 2 other agencies that use admin penalties

Answer 1

1.Saskatchewan- EMPA and Forestry
2.Minnesota- pollution
3.Mississippi- Alcohol Permitted Premise’s
4.Alberta- Environment
5.Manitoba- Workplace Safety and Health
6.British Columbia- West Coast Salmon Fisheries

Question 2

Name 1 method of enforcing a judge on an administration penalties

Answer 2

-With holding licenses
-Collection
-Court Order

Question 3

What are admin penalties?

Answer 3

An alternative enforcement method to
criminal prosecution. They reflect a civil process rather than a
criminal process and allows governments to establish and enforce standards of behavior

Question 4

Can you lay an admin penalty and a charge?

Answer 4

No you cannot. You can do either one but not both

Question 5

What does the defendant of a civil lawsuit have to do within 20 days?

Answer 5

Must file a statement of defense

Question 6

How long does plaintiff have to bring a civil suit to someone?

Answer 6

Within two years of the alleged incident

Question 7

What are some factors to help you determine what the administration penalties should be if chart isn’t setup?

Answer 7

-Knowledge
-Time the incident took place / how long the incident happened before caught
-Prior convictions
-Degree of impact or potential impact
-Economic gain or benefit

Question 8

What is the procedure of giving an administration penalty?

Answer 8

1. Setting out facts and circumstances
2. Specification of the penalty amount
3. Informing party of the right to make representation
4. Providing notice
5. Right to appeal

Question 9

What are the two divisions of Federal Court?

Answer 9

1. Trail and Appeal Court
2. Tax Court of Canada

Question 10

What are some examples of Provincial Court Jurisdiction

Answer 10

1. Small Claims Act
2. Youth and Family matters
3. Traffic Safety Court

Question 11

A mediator is present during the pretrial conference in a civil lawsuit?

Answer 11

False

Question 12

A criminal charge may be initiated if the administrative penalties process is utilized

Answer 12

False

Question 13

You cannot give administration penalties if not licensed under that act

Answer 13

True

Question 14

In a civil case you must prove beyond a reasonable doubt

Answer 14

False, you must prove 51% probability

Question 15

In a criminal case you must prove beyond a reasonable doubt

Answer 15

True

Question 16

When are mediators involved in a civil trail?

Answer 16

During mandatory mediation

Question 17

Do civil court cases go to the Supreme Court?

Answer 17

Very seldomly- so no

Question 18

What is the process involved with filing a civil lawsuit?

Answer 18

1. Initiating an action
2. Mandatory mediation
3. Disclosure of documents
4. Examination for discovery (pretrial process of questioning)
5. Pretrial conference
6. Trail
7. Judgement and enforcement
8. Appeal