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Comm 315 > study > Flashcards

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1
Q

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

A

public law

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2
Q

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

A

public law examples

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3
Q

fundamental basis for law resides in the legislation

A

civil law

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4
Q

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

A

civil law example

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5
Q

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

A

common law

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6
Q

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

A

common law example

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7
Q

combination of both civil and common law

A

canadian legal system

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8
Q

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

A

canada in private law

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9
Q

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

A

Substantive law

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10
Q

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

A

adjectival law

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11
Q

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

A

creditor

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12
Q

person who owes money, services or goods to someone

A

debtor

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13
Q

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

A

plaintiff

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14
Q

a debtor who is sued by plaintiff

A

defendant

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15
Q

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

A

prescription

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16
Q

laws are made by

A

legislature

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17
Q

in Quebec, law made consists of 2 elements

A
  1. national assembly, 2. queen
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18
Q

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

A

3

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19
Q

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

A

the queen, or her personal representative in the provice

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20
Q

who is the representative of the crown in canada

A

the governor general

21
Q

who appoints the governor general

A

the queen

22
Q

one of the most important reponsibilties of the governor general

A

ensure that the country always has a prime minister

23
Q
  • summons parliament (calls memebers to opening session)
  • prorogued parliment (adjourns current session)
    -dissolves the existing parliment (terminates pending new election)
A

the governor general

24
Q

who is the queen representative in each provice

A

lieutenant governor

25
Q

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

A

jurisprudence

26
Q

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

A

municipal court

27
Q

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

A

judges

28
Q

-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

A

court of quebec

29
Q

consitution

A

only source of authority to make laws in canda is the

30
Q

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

A

small claims court

31
Q

-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

A

small claims court

32
Q

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

A

the court of appeal

33
Q

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

A

the court of appeal has

34
Q

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

A

ground of court of appeal

35
Q
  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
A

court of appeal can rule 1 of 3 ways

36
Q

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

A

the supreme court of canada

37
Q

the special court deals with matters that concern the federal government

A

federal court of canada

38
Q
A

administrative tribunals (boards)

39
Q

appointed and salaries paid by the federal government

A

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

40
Q

to be appointed as a judge

A

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

41
Q

judges in lower court

A

paid and appointed by the provincial government

42
Q

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

A

lawyer

43
Q

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

A

notary

44
Q

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

A

adversarial approach

45
Q

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

A

inquisitive approach

46
Q

the profession of notary is unique to the province of quebec

A

notaries

47
Q

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

A

deeds (documents) en minute

48
Q

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

A

deeds en brevet

49
Q

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

A

legal aid

Comm 315 (1 decks)

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