Law-C1-Canadian Legal System

Question 1

What’s the purpose of the Canadian Constitution? What’s the three primary features?

Answer 1

-	to create and enforce law from
Primary features:
o	Division of powers
o	Creation of the courts
o	Canadian Charter of Rights and Freedoms (the Charter)

Question 2

What is the Competition Act?

Answer 2

A federal statute that governs bid rigging and unfair trade practices

Question 3

Describe the Canadian Court System.

Answer 3

• Constitution creates the supreme courts
• Each province has superior trial-level court and court of appeal
• Judges – are appointed by the Governor General; only interpret laws
• Federal Courts deal with federal matters i.e. patents, shipping disputes
• Supreme Court of Canada – ultimate level of appeal; case must obtain “leave” (permission) and must be issues of national importance
• Provincial Court – for each province, lower level
• Charter: a section of the Constitution that establishes individual rights that apply to all Canadians and in many cases to non-citizens in Canada.

Question 4

What is Common Law and Civil Law?

Answer 4

laws created by judges based on principle of law and equity established and modified over time; judicial precedents
Civil Law: more codified version of the common law (at Quebec)

Question 5

What is Construction Litigation?

Answer 5

large number of parties involved, costs of litigation exceeds the amount in dispute; allocation of risk

Question 6

What is Internal Law?

Answer 6

International treaties typically govern over domestic law where there are inconsistencies between the two

Question 7

What are the two components of the definition of Contracts?

Answer 7

• Voluntary agreements between two or more parties that set out the rights, responsibilities and liabilities of the parties to each other
• Must have offer, acceptance and consideration

Question 8

What are the definitions of Torts?

Answer 8

• acts committed by one party in violation of the rights of another, which are considered sufficiently wrong as to give rise to liability
• tort of negligence: failure to take reasonable care for another person
• tort obligations: involuntary, imposed by law
• no contractual relationship between plaintiff and defendant is necessary

Question 9

What is Case Law?

Answer 9

• Created by judges to create legal principles and interpret statutes
• Used to predict outcomes in specific circumstances