Module 3 - Introduction to Canadian Law

Question 1

Law

Answer 1

Any written rule that was created by and is enforced by the authority of a government and the courts.

Question 2

Rule

Answer 2

in turn, is a principle governing the conduct and actions of members of a group or society. A law, therefore, is a rule that has the weight of a government and the courts behind it.

Question 3

The law

Answer 3

to mean all of the laws of a society collectively. The law, then, is the whole set of rules for a society, enforced by that society’s government, so that the society functions in a certain organized and logical way.

Question 4

The Rule of Law

Answer 4

means that the law applies equally to every person within that society.

Question 5

Substantive Law

Answer 5

prescribes the actual rights and duties of the individual members of the society and the society as a whole.

Question 6

Procedural Law

Answer 6

prescribes the procedures by which these rights and duties are enforced.

Question 7

Rights

Answer 7

under the law may include such things as freedom of speech, the freedom to move anywhere in the geographical territory of the society and the freedom to worship.

Question 8

Duties

Answer 8

for example, may include following the law and paying taxes.

Question 9

Public Law (name three)

Answer 9

addresses issues that affect the whole society. This includes Criminal Law, Constitutional Law and Administrative Law.

Question 10

Private Law

Answer 10

deals with the relationships between and among individuals in the society. Private law is used to resolve private disputes. Private Law includes Contract Law, Tort Law, Family Law and Property Law.

Question 11

Plaintiff

Answer 11

The person who initiates the case or sues. (They are complaining)

Question 12

Defendant

Answer 12

The person being sued. (they are defending their case)

Question 13

Canadian Law originates from three sources, What are they?

Answer 13

Common (English) Law and Equity, Statute Law, and Administrative Law.

Question 14

Common Law

Answer 14

Common law has its roots in the British legal system in which law is built upon the decisions from the royal courts. These decisions are called precedents, defined as decisions made in previous litigation. Another term for common law is judge-made law. It is called this because the decisions of previous judges guide the decisions of current judges who are presiding over similar cases.

Question 15

Equity

Answer 15

In equity, the party or parties applied directly to the monarch for resolution of the dispute. Over time equity developed into a system of principles that guided decisions made outside of common law.

Question 16

Statute law

Answer 16

is law created by a legislature or parliament, which is a group of elected or appointed representatives who are given the power to make new laws or change existing laws. Legislatures pass statute law to either fill a gap in common law and equity or to take the place of common law on the same subject matter.

Question 17

Administrative law

Answer 17

is the set of detailed regulations with which larger laws are implemented. Administrative law is implemented by administrative or regulating bodies to which the government delegates limited authority to conduct day-to-day activities.

Question 18

Constitution

Answer 18

A constitution is a set of rules that guides how a state or country is run. It sets out the political principles which leaders of the country follow, the institutions that will be used to govern, and the powers and responsibilities of those tasked with leading the state.

Question 19

Executive power

Answer 19

in Canada is ultimately the British monarch. However, the real executive power at the federal level lies with the Cabinet. The Cabinet is comprised of the Prime Minister and a group of ministers who are accountable to Parliament.

Question 20

legislative power

Answer 20

in Canada at the federal level is called Parliament. Parliament is comprised of the House of Commons, the Senate, and the monarch. Parliament is tasked with changing statute law if necessary and making new statute law.

Question 21

Judicial power

Answer 21

in Canada is the court system, headed by our judges. The judicial branch of government has the job of interpreting and applying both public and private law as well as the constitution.

Question 22

Federal government powers. List them.

Answer 22

has jurisdiction over issues concerning Canada as a whole. This includes trade between provinces, national defence, criminal law, money, patents and the postal service. The federal government also has responsibility for the three territories (the Yukon Territory, the Northwest Territories and Nunavut).

Question 23

Provincial governments powers, list them.

Answer 23

have jurisdiction over education, property, the administration of justice, hospitals, municipalities and other issues that are specific to their region.

Question 24

Municipal or local government powers, list them.

Answer 24

which are created by the provincial government, have jurisdiction over local matters such as parking regulations, land planning and building construction.

Question 25

Fundamental freedoms

Answer 25

protected in the Charter include: freedom of conscience and religion; freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication; freedom of peaceful assembly; and freedom of association.

Question 26

Democratic rights

Answer 26

protected in the Charter include the right to vote in elections for federal, provincial and municipal representatives and the right to seek election. The Charter also stipulates that governments must call elections at least once every five years.

Question 27

Mobility rights

Answer 27

protected in the Charter include the right to enter, remain in or leave the country and the right to live or seek work anywhere in Canada.

Question 28

Legal rights protected in the Charter include

Answer 28

The right to fairness during legal proceedings, particularly in criminal cases; the right to habeas corpus to challenge a detention; the right to be presumed innocent until proven guilty; the right to not be subjected to unreasonable searches and seizures; and the right to not be detained or arrested arbitrarily.

Question 29

Equality rights

Answer 29

protected under the Charter are very clear and concise; we have the right to equality regardless of race, religion, national or ethnic origin, colour, sex, age, and physical or mental ability.

Question 30

A trial

Answer 30

is the first set of proceedings for a case.

Question 31

An appeal

Answer 31

is the second set of proceedings for a case.

Question 32

What are the three Federal courts?

Answer 32

The Supreme Court of Canada, Courts Martial, Tax Court.

Question 33

A civil case

Answer 33

or suit is initiated by an individual or corporation, not by the State. Disagreements that lead to civil cases can be about any number of things: contracts, property, or physical injury.

Question 34

Pleading

Answer 34

takes place in court and sets out the complaint against the defendant as well as the remedy that the plaintiff wants. The document upon which a pleading is based can have any number of names: a writ of summons, a statement of claim, a declaration, an application or an originating document.

Question 35

Discovery

Answer 35

is the next step in a civil case. It is a pre-trial session in which the claim against the defendant is clarified and in which both parties share the evidence they will use in court.The sharing of evidence allows the parties to determine if a trial is really necessary and also to clarify the key points of the case.

Question 36

What are the are three main categories for remedies?

Answer 36

monetary remedies or damages.
declaratory remedies.
specific performance remedies.

Question 37

What are monetary remedies or damages?

Answer 37

the most commonly awarded remedy. There are two purposes for damages: to compensate the plaintiff for any past or future loss caused by the defendant, and to send a message of strong disapproval to the defendant. The latter damages are called punitive or exemplary damages; this type of damage is only permissible in certain situations.

Question 38

What are Declaratory remedies?

Answer 38

those in which the court affirms the rights of the plaintiff. For example, the court may declare the plaintiff has ownership of a particular piece of property as a result of a contract or a will.

Question 39

What are Specific performance remedy?

Answer 39

requires the defendant to do something. For example, if a contract about providing a service is in dispute, the court may require the defendant to complete the service. The opposite of a specific performance remedy is an injunction. An injunction prohibits or restrains the defendant from doing something.

Question 40

Alternate Dispute Resolution (ADR). Name three types of ADR.

Answer 40

is a set of methods through which conflicts and disputes are resolved privately rather than through civil litigation. The three methods for ADR are: 𝐍𝐞𝐠𝐨𝐭𝐢𝐚𝐭𝐢𝐨𝐧, 𝐌𝐞𝐝𝐢𝐚𝐭𝐢𝐨𝐧, 𝐚𝐧𝐝 𝐀𝐫𝐛𝐢𝐭𝐫𝐚𝐭𝐢𝐨𝐧. ADR is an alternative to litigation but it does not replace litigation. ADR is faster than litigation, ADR is cheaper in litigation, ADR proceedings are kept private, and are not released to the public.

Question 41

Negotiation

Answer 41

Negotiation is an ADR method in which the parties in the dispute work through their issues without having an external party assist in the process or impose a particular resolution. The parties may receive coaching behind the scenes from experts or friends but the actual discussion process is conducted by the parties themselves.

Question 42

Mediation

Answer 42

is an ADR method in which parties in a dispute request a neutral, external person called a mediator to help them come to a mutually acceptable agreement. The mediator is trained to make sure that all parties in the dispute get heard and that the discussion remains calm, respectful and non-confrontational.

Question 43

Arbitration

Answer 43

is an ADR method in which parties in a dispute refer their disagreement to a mutually acceptable, independent third party expert called an arbitrator. The arbitrator does not need to be a lawyer. The arbitrator is often a specialist in the topic under dispute, with additional training in arbitration. The parties agree before the arbitration starts that they will be bound to the arbitrator’s decision.