Courts, Torts, Negligence, and Business structure Flashcards
Statute law
legislation, acts, cods, enactment of municipalities, bylaws
Passed in parliament, legislature, municipal levels of government
Common law
Judge made law, or precedent setting law. Basically previous rulings determine what should happen in new case
Centered around compensation or damages.
Severance
Ending a work relationship. Involves both statue (for each individual) and common (compensation and damges) law.
Termination with or without cause
An employer can fire an employee for just cause and not owe any termination pay at common law
Criminal Law
The relationship between the state and the individual.
Two types: summary convictions and indictable convictions
Summary convictions
- Quick and simple
- less serious
- person usually not arrested but ordered to appear in court
Indictable convictions
Entitled to trial by jury (murder, manslaughter, sexual assault, break and entry)
Civil Law
Relationship between 2 individuals
Court System
- Supreme Court
- Court of Appeal
- King’s Bench
- Provincial Court
- Justice of the Peace
- Administrative Tribunals
- Federal Court
- Tax Court
Supreme court
will only be seen if of national importance, otherwise they will not make time for you
King’s Bench
Civil cases- wills, estates, family law
Provincial Court
Peoples Court
- all summary offences
- indictable offences except murder
Justice of the Peace
Release people on bail
and handle some summary offences
Administrative Tribunals
Take care of rules and guidelines… for example: Vet Act
Federal Court
deals with lawsuits relating to government of canada