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COMM 315 > Lesson 1 > Flashcards

Lesson 1 Flashcards

1
Q

What is law?

A

Set of rules and principles that serve the purpose in a democracy it governs the conduct of society

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2
Q

What does law do?

A
  1. Promote goals of peace, order and good governance
    2.Should be written: if not written risk of unfairness in application
  2. adopted by government
    (lawmakers)
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3
Q

Justice

A

Process of applying the law, where law is the set of rules to maintain order and provide fair treatment to all

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4
Q

Law enforced by

A

courts/judges

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5
Q

judges need to be

A

respected: for people to have faith in their decisions

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6
Q

Justice has to be perceived as

A

rendered fairly (i.e. what if you cannot pay a judge)

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7
Q

Ethics are

A

moral values, our personal views on what is right and wrong (ethical principals are not decided by the government)

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8
Q

Society’s ethical views on appropriate behaviour:

A

change over time

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9
Q

Some changes in ethical beliefs

A

help foster changes to the law BUT laws are often slow to change because of conflicting ethical views of their constituents (might win/lose votes)

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10
Q

Example of ethics

A

Law sets the minimum wage rate for everybody and ethics will ask if that rate is fair

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11
Q

Private law (FOCUS)

A

deals with relationships between persons

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12
Q

Example of private law

A

contractual responsibility , civil liability

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13
Q

Private law does not involve government if

A

official capacity. Only if he is the employer or the client. Private law does cover the actions where gov is acting in a commercial capacity

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14
Q

Compensation looks for

A

actual and direct damage that you have suffered: comes form the breach of private law

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15
Q

Public law:

A

deals with the relationship between the government acting in an official capacity and its citizens

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16
Q

In public law, enforcement of citizen’s duties

A

to the state for criminal and income tax

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17
Q

Civil law deals with

A

matters under QC provincial jurisdiction

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18
Q

Why is civil law QC jurisdiction

A

based on how the private law used in France prior to 1760s, even after the British took over the French, the law stayed

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19
Q

All general principles of law are

A

collected and codified into one rule book = civil code

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20
Q

In civil law: when faced with a legal question, lawyers and judges will refer to

A
  1. civil code

2. jurisprudence

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21
Q

Common law:

A

refers to federal laws that have common application all across Canada and other provinces

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22
Q

Common law is historically based off

A

British system law (not codified)

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23
Q

in Common law: when faced with a legal question

A
  1. jurisprudence (previous court cases)

2. statutes (law) would be examined

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24
Q

Law can be divided into two kinds

A

substantive and adjectival (procedural)

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25
Q

Substantive law

A

set out specific rights and responsibilities that persons are bound by (civil code or consumer protection)

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26
Q

Adjectival/procedural

A

sets out rules on how substantive laws should be applied such as steps to take, delays

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27
Q

Litigation aka lawsuit

A

the formal procedure in which a person takes a court action against another person to claim damages/recover a debt/enforce an obligation

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28
Q

Creditor

A

the person to whom a debt is owed

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29
Q

debtor

A

the person who owes a debt/obligaiton to another

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30
Q

plaintiff

A

the person who initiates a lawsuit against his/her debtor

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31
Q

defendant

A

the person against whom the lawsuit is taken

32
Q

Class action

A

multiple persons having a similar claim against a common defendant

33
Q

In a class action, the proof of one claimant

A

is sufficient to prove the damages suffered by all plaintiffs

34
Q

Example of class action

A

purchaser of a new car that has manufacturing defects

35
Q

Benefits of class action

A
  1. Saves court time, one lawyer represents all of plaintiffs collectively
  2. Saves legal costs to plaintiffs, facility access to court for those who may not be able to afford a lawsuit on their own
36
Q

Where to institute a lawsuit, general rule

A

the plaintiff sues the defendant in the city in which the defendant is domiciled

37
Q

What if the defendant lives in a different city, province or country?

A

if lawsuit is based on breach of contract then:

  1. choice of venue
  2. Choice of law
38
Q

Choice of venue

A

the parties can stipulate in the contract which court will be competent to hear the case

39
Q

choice of law

A

the parties can stipulate in the contract which law will apply to govern the contract (can be where on lives, the other or a common practice)

40
Q

Prescription

A

a specific delay that you have to start a lawsuit form the time the damage was caused

41
Q

If the prescription is done

A

the creditor will not be permitted to take a lawsuit to enforce his/her rights

42
Q

In common law a prescription is a

A

limitation period

43
Q

General rule under civil code of qC for breach of contract + non-contractual liabilitiy

A

the prescription is under 3 years

44
Q

the power to pass laws is divided

A

federal and provincial depending on area of law; could be exclusive and also shared

45
Q

Federal laws include:

A

criminal, currency/banking, immigration, universities, IT property

46
Q

Provincial laws include

A

FOCUS: property, ownership, civil rights, contracts, employment, non-contractual responsibility (civil responsibility)

47
Q

Sources of laws

A
  1. Statutes
  2. Jurisprudence
  3. Doctrine
  4. Customs and usage
48
Q

Statutes

A

Written laws adopted by the government

49
Q

Jurisprudence

A

(case law) court judgements, decisions rendered by judges, interpreting statutes, or making new law if the statute is silent

50
Q

Doctrine

A

articles/essays written by legal experts analyzing specific areas of legal concerns (new)

51
Q

examples of doctrine

A

Internet law: transactions, duties, responsibilities, jurisdiction
Cyber-bullying/defamation on social media

52
Q

Customs and usage

A

traditions: commonly accepted historical practices used in a particular community , based on this we could see how a transaction would be interpreted today

53
Q

QC legal system

A
  1. Trial court
  2. QC court of appeal
  3. Supreme Court of Canada
54
Q

Trial court

A

court of first instance: where you have two parties and one judge, no trial by jury

55
Q

How long does trial court take

A

4 years

56
Q

Trial courts two sepcific courts

A

Court of QC and QC superior court

57
Q

Court of QC

A

appointed by provincial government

58
Q

Claims amount for court of QC

A

between 15000 and 85000

59
Q

a branch of court of QC

A

Small claims court

60
Q

Small claims court

A

claims for 15000 and less, individuals or companies with 5 or less employees, no appeal and no lawyers, judge acts as arbitrator

61
Q

QC superior court

A

appointed by federal government

62
Q

QC superior court deals with amount

A

grater than 85000

63
Q

QC court of appeal

A

decisions previously made by court of QC and QC superior court

64
Q

how many judges court of appeal

A

3 judges: majority, no need for unanimity

65
Q

How much time take to court of appeal

A

3 years

66
Q

grounds for appeal

A

judge made a material error in interpreting the facts of the law, made serious error

67
Q

right to appeal

A
  1. automatic right to appeal: where the object in dispute equal or bigger than 60K or 2. permission of QC court of appeal for all cases
68
Q

Supreme Court of Canada

A

common and finale appellant court from all court of appeals from all provinces of Canada. No other court can challenge it

69
Q

how many judges in Supreme court

A

9 (generally all sit) : majority, no need for unanimity

70
Q

how do we call the parties in Supreme Court

A

appellant and respondant

71
Q

how many years does it take in supreme court

A

about 3 years

72
Q

How many years total if you go through all courts

A

10 years some exceptions for special cases

73
Q

Grounds for appeal in supreme court

A

same as QC court of appeal: have to show that a judge made a material error

74
Q

is there automatic right of appeal for supreme court

A

no, permission required for every case

75
Q

General rule of supreme court

A

respect decision of provincial court

76
Q

Reasons for Supreme Court to agree to hear cases

A
  1. new law that the Supreme Court of Canada has not yet ruled on
  2. issues of public order and national importance
  3. those dealing with potential human right infringement
    * amount of money in dispute is not a factor

COMM 315 (4 decks)

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