study

Question 1

governs the relationship between citizens and their state/nation/country

Answer 1

public law

Question 2

criminal law, taxation law, highway law,language laws,bankrupcy law

Answer 2

public law examples

Question 3

fundamental basis for law resides in the legislation

Answer 3

civil law

Question 4

egislative authority to make law, legislatice codifies laws, courts simply apply the law, france

Answer 4

civil law example

Question 5

the basis for law is grounded in the priniciple of precedence and case law or jurisprudence. common law society emphasizes judge made by law

Answer 5

common law

Question 6

grounded in principal of precedence, case law and jurisprudence, judge made law, every court decision has to take into account past judgements of similar nature, if the case facts diverge or are of a new nature from past they made make a new law

Answer 6

common law example

Question 7

combination of both civil and common law

Answer 7

canadian legal system

Question 8

two separate systems exist: civil law system of quebec and common law of the other provinces

Answer 8

canada in private law

Question 9

part of law where we can find the “substance” of our rights

Answer 9

Substantive law

Question 10

once we are aware of our rights, we must then turn to the quebec code of civil procedure to find

Answer 10

adjectival law

Question 11

person who claim to be owed money, services or goods by someone

Answer 11

creditor

Question 12

person who owes money, services or goods to someone

Answer 12

debtor

Question 13

a creditor who takes legal action against a debtor who owes him money, services or goods

Answer 13

plaintiff

Question 14

a debtor who is sued by plaintiff

Answer 14

defendant

Question 15

the legal method which the civil law establishes for a person to acquire or to lose rights by the mere lapse of time

Answer 15

prescription

Question 16

laws are made by

Answer 16

legislature

Question 17

in Quebec, law made consists of 2 elements

Answer 17

1. national assembly, 2. queen

Question 18

how many times does a bill that is introduced to the national assembly must be read

Answer 18

3

Question 19

after the 3 reading the law is then passed to who to be signed

Answer 19

the queen, or her personal representative in the provice

Question 20

who is the representative of the crown in canada

Answer 20

the governor general

Question 21

who appoints the governor general

Answer 21

the queen

Question 22

one of the most important reponsibilties of the governor general

Answer 22

ensure that the country always has a prime minister

Question 23

• summons parliament (calls memebers to opening session)
• prorogued parliment (adjourns current session)
  -dissolves the existing parliment (terminates pending new election)

Answer 23

the governor general

Question 24

who is the queen representative in each provice

Answer 24

lieutenant governor

Question 25

the third source of law is found in the judgements of the courts rendered in past cases

Answer 25

jurisprudence

Question 26

each city (municipally) in the province is given the irght to set up a

Answer 26

municipal court

Question 27

____ in municipal courts are often lawyers who live in the community and are ppointed by the minister of justice of quebec

Answer 27

judges

Question 28

-cases up to $85,00 -except alimentary pension and federal cases - appeals to quebec court of appeal -no appeals for cases under 60,000$ -court has 3 divisions, civil, youth and criminal

Answer 28

court of quebec

Question 29

consitution

Answer 29

only source of authority to make laws in canda is the

Question 30

organized in 1972 to relieve the backlog of cases and pressure on the higher court

Answer 30

small claims court

Question 31

-claim can be NO more then 15,000$ -claim must arise out of contract, or from and accident with resulted damage -the debtor (person sued) can reside outside of quebec -debt must be owed personally or directly to the creditor -an association, partnership, or corporation suing must not have more than 10 employees -lawyers are not permitted to rpresent people in this court

Answer 31

small claims court

Question 32

court which appeals are brought from the superior court, and also in special cases, from the court of quebec

Answer 32

the court of appeal

Question 33

has "appellate jurisdiction" the right to hear appeals over cases where an appeal is allowed by law

Answer 33

the court of appeal has

Question 34

the grounds of the appeal may be based only on error of law or error of fact

Answer 34

ground of court of appeal

Question 35

1. it can allow the lower court decision to stand 2. it can overrule the lower court decision and substitute it with its own judgement 3.it can order that be heard once again from the start by the lower court

Answer 35

court of appeal can rule 1 of 3 ways

Question 36

the highest court in canada, and the final court to which one may bring appeals in all matter, civil or criminal

Answer 36

the supreme court of canada

Question 37

the special court deals with matters that concern the federal government

Answer 37

federal court of canada

Answer 38

administrative tribunals (boards)

Question 39

appointed and salaries paid by the federal government

Answer 39

judges of quebec superior court, court of appeal, supreme court of canada and all federal courts

Question 40

to be appointed as a judge

Answer 40

to be appointed as a judge a person must be a lawyer with a minimum of 10 years or experience

Question 41

judges in lower court

Answer 41

paid and appointed by the provincial government

Question 42

gives legal advice, assists in setting up new business, prepares contracts and has the exclusive rights to represent clients and plead cases before the courts

Answer 42

lawyer

Question 43

gives legal advice on personal and business matters but hasexclusive right to prepare certian contracts such as real estate transactions, involving a hypothec (mortgage), marriage contracts, notarial wills, and authenic documents

Answer 43

notary

Question 44

parties usually represented by their lawyers are opponents or adversaries (our system is based on this

Answer 44

adversarial approach

Question 45

where the judge asks questions and carries out cross examination found in the courts of france

Answer 45

inquisitive approach

Question 46

the profession of notary is unique to the province of quebec

Answer 46

notaries

Question 47

are kept separate and are numbered consecutively in the notary's records and the notary issues copies or extracts from them

Answer 47

deeds (documents) en minute

Question 48

are executed with one or more originals which are delivered to the parties

Answer 48

deeds en brevet

Question 49

the purpose of ____ is to provide the srvices of a lawyer or notary, free of charge

Answer 49

legal aid