Midterm 1 Powerpoint slides

Question 1

What is a law?

Answer 1

a law is a rule which regulates the conduct of people and businesses

Question 2

What is law in general?

Answer 2

the law is jurisdiction-based collection of rules which impose penalties when the rule is ignored or disobeyed

Question 3

What are the functions of law?

Answer 3

Protection of rights and privileges, restriction of rights and privileges and the control and enforcement of rights and privileges

Question 4

What is the common law?

Answer 4

judge-made law based on the doctrine of precedent(use of previous judgements as an aid to later decisions)

Question 5

Where did the common law originate?

Answer 5

Common law originated in Britain and is used in all of the provinces and territories except Quebec

Question 6

What is the law of Equity?

Answer 6

Developed when the common law did not provide a suitable remedy through the provision of money damages

Question 7

Two types of equity remedies?

Answer 7

Specific Performance and Injunction. Specific performance makes you DO something like complete a real estate purchase. Injunction makes you STOP doing something

Question 8

Division of law making authority

Answer 8

1867 BNA act divided authority to make law between the federal and provincial governments.The subject matter or the law determines which government has jurisdiction

Question 9

What is the 1982 Canadian constitution consist of?

Answer 9

BNA act and the Charter of Rights and Freedoms. It gives the courts authority to strike down government action that exceeds jurisdiction or contravenes the principles of the charter

Question 10

What is the Charter of Rights and Freedoms?

Answer 10

has the fundamental and basic rights of Canadians, it cannot be changed unless approved by two-thirds of the provinces which contain 50% of the population

Question 11

Exception of Charter and Rights and Freedoms: “Rights are subject to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

Answer 11

government can override constitutional freedoms if they can justify a law restricting one of the rights or freedoms.

Question 12

In the charter of rights and freedoms what is the “Not withstanding clause”

Answer 12

it permits a government to enact legislation that overrides some parts of the charter if its purpose is to achieve an important government goal. expires after 5 years

Question 13

What is a statute law?

Answer 13

A statute is a law that arises from a legislative process

Question 14

Legislative process in making a statute law?

Answer 14

initiated by elected representatives, if approved brought into force if there is a conflict between a statue and the common law the statute law prevails, there are three levels of statute law: federal, provincial and municipal.

Question 15

how is the judicial system organized?

Answer 15

it is organized according to geographical considerations, monetary amounts and jurisdiction by subject matter

Question 16

What is a litigant?

Answer 16

A person who is suing somebody, they commence a lawsuit in a court or trial court

Question 17

What happens if a party believes the judge erred in the application of the law to the facts, severity of a sentence or in the amount of damages?

Answer 17

the appeal may be commenced

Question 18

What does the federal court trial division do?

Answer 18

handle subject matter such as taxation, patents, trademarks and copyright * appeals from federal boards and commissions

Question 19

What does the federal court of appeal do?

Answer 19

hears appeals from the trial division

Question 20

What does the supreme court of canada do?

Answer 20

hear an appeal from the federal court of appeal and from a provincial or territorial court of appeal

Question 21

Provincial court: Civil law courts do what?

Answer 21

have jurisdiction to hear disputes among corporations, individuals and governments and some are limited to special subject matters

Question 22

What do small claims courts do?

Answer 22

have jurisdiction to hear disputes concerning less than $25,000

Question 23

What do provincial supreme court do?

Answer 23

hear civil matters with an unlimited monetary jurisdiction.

Question 24

What do criminal courts do?

Answer 24

deal with criminal subject matter under federal statues as well as offenses under provincial and territorial statutes and municipal bylaws.

Question 25

What is a court of appeal?

Answer 25

they receive appeals from the provincial and territorial trial courts.

Question 26

What are the two ways criminal cases can be brought to the criminal court by the crown?

Answer 26

1. Less serious offenses proceed by way of the informal summary conviction rules of procedure
2. More serious offenses proceed by way of indictment, which is a formal prosecution process.

Question 27

what happens if the accused pleads not guilty?

Answer 27

then the crown must prove that the accused committed the criminal act intended to do so.

Question 28

Fact

Answer 28

Crown and defense counsel call witnesses for their case who are then subject to cross examination by opposing counsel, after this the court writes a judgement with reasons explaining the verdict

Question 29

What is a civil law suit

Answer 29

it is commenced with an exchange of pleadings between the plaintiff and defendant detailing facts and claims