Law

Question 1

What is statute law?

Answer 1

legislation, acts, codes, enactments of municipalities, bylaws
- passed in parliment, legislature, municipal level

Question 2

What is common law?

Answer 2

“judge made law” or precendent setting law

- created by judges

Question 3

Explain how severance is a good example of where both statute and common law exist?

Answer 3

group lay offs and individual lay offs require different length of severance
common law is centered on compensation or damages (how long it will take to get hired in a diff position)
termination with or without cause - can fire an employee for just cause and not owe any thing

Question 4

What is the difference between civil law and criminal law?

Answer 4

criminal law - between state and the individual

civil - is the relationship between two individuals

Question 5

What are two types of criminal offences?

Answer 5

summary convictions = misdemeanor (not arrested, ordered to court)
indictable convictions = felony charge (entitled to trial by jury)

Question 6

What are judicial tribunals?

Answer 6

• supreme court
• court of appeal
• queens bench
• provincial court
• justice of the peace

Question 7

What are administrative tribunals?

Answer 7

what governs self governing bodies, your peers

Question 8

What do JPs handle?

Answer 8

releasing from bail

summary offences

Question 9

What does the provincial court handle?

Answer 9

95% of all criminal offences
hearings
Quasi-criminal matters
civil claims
indictable offences
summary offences

Question 10

What does the Queens bench handle?

Answer 10

civil cases
wills and estates
family law (divorce, child custody)
indictable offences where elect to be tried by a judge and jury

Question 11

What does the supreme court handle?

Answer 11

can decide whether its in their interest or to send to provincial court or queens bench

queens bench appeals to court of appeal
court of appeal appeals to supreme court

national importance (law suits dealing with gov of C)
tax court

Question 12

how does appealing work?

Answer 12

automatic right to appeal to court of appeal, but must apply to supreme court and issue must be national importance

if you appeal you move up to the next level of court. court of appeal will look at the process and make sure its sound

Question 13

If you get reported what is the complaints process?

Answer 13

• “any person” can complain to the SVMA/ABVMA
• registrar’s duties
• PCC - professional conduct commitee
• DC - disciplinary