Intro To Canadian Legal System

Question 1

What is a law??

Answer 1

Body of rules that can be enforced by the courts or by other government agencies

Question 2

Common law legal system (process)

Answer 2

Common law used in GB —> Judge made law (developed in courts, based on precedent) —> system adopted by Canada’s English-speaking provinces

Question 3

When should a judge follow precedence? (Stare decisis). (3)

Answer 3

1. Decision made by higher court
2. In the same jurisdiction
3. Based on similar facts

Question 4

What is a statute (2 points)

Answer 4

• Laws created by legislative bodies
• “parliamentary supremacy” (ie. legislation overridescommon law and law of equity)

Question 5

What happens in civil litigation? (11)

Answer 5

1 Decide whether to bring an action in the Provincial Court or Supreme Court
2. Plaintiff serves a notice of civil claim
3. Defendant serves a response
4-6. Counterclaim/third part claim
7. Plaintiff and defendant start discovery process
8. Plaintiff and defendant consider resolving case without going to trial
9. Set trial date, consider experts, prepare documents
10. Attend trial and receive judgement and award of costs
11. Winning party files court order + enforces judgement

Question 6

Discovery process

Answer 6

Discovery of documents, examinations for discovery, interrogatories

Question 7

What are damages?

Answer 7

Monetary compensation

Question 8

What are the 3 types of damages + explanation

Answer 8

1. General damages - non-quantifiable losses
2. Special damages - quantifiable losses
3. Punitive damages- to punish the wrongdoer

Question 9

What are 3 remedies where damages are not appropriate?

Answer 9

1. Injunction - stop order
2. Specific performance - fulfil the terms of an agreement
3. Accounting - pay over profits

Question 10

What are the 3 methods of alternative dispute resolution?

Answer 10

1. Negotiation
2. Mediation
3. Arbitration

Question 11

Negotiation

Answer 11

• parties discuss problem with each other to find a solution
• can result in a legally binding agreement at the end of the day

Question 12

Mediation

Answer 12

• neutral outsider helps parties settle the dispute
• _______ finds common ground + encourages concessions.
• sometimes required before court will hear case

Question 13

Arbitration

Answer 13

• parties agree on an independent third party to make a decision that will be binding
• often required in contract (collective bargaining)

Question 14

What are 5 advantages to alternative dispute resolutions?

Answer 14

• parties maintain control of the solution
• disputants determine and schedule process
• CHEAPER
• matters remain private
• preserves relationships between companies

Question 15

What are 5 disadvantages to alternative dispute resolutions?

Answer 15

• Courts have more power to extract information
• Decisions do not follow precedent
• Inappropriate when power imbalance exists
• No public record of dispute or decision (if a company is super shady citizens should be able to know)

Question 16

Civil law

Answer 16

Individual sues another for compensation

Question 17

Criminal law

Answer 17

State prosecutes accused to punish (only fed gov can make this type of law)

Question 18

What type of law can the province create and enforce?

Answer 18

Statutes. Ex. Motor vehicle act (no drivers license, $200)

Question 19

What is the burden of proof on the prosecutor in criminal law? Basically what does the prosecutor have to show/prove in a criminal case? (3)

Answer 19

1. Must prove beyond a reasonable doubt
2. Must show wrongful conduct took place
3. Must show INTENTION to commit the act

Question 20

What is the criminal process in court?

1. _________ presents witnesses and evidence
2. ___________ presents witnesses and evidence
3. Decision made by a _______/_________
4. Sentence —> fine/imprisonment

Answer 20

1. Prosecutor presents witnesses and evidence
2. Defence presents witnesses and evident
3. Decision made by a judge/jury
4. Sentence —> fine/imprisonment