study Flashcards
governs the relationship between citizens and their state/nation/country
public law
criminal law, taxation law, highway law,language laws,bankrupcy law
public law examples
fundamental basis for law resides in the legislation
civil law
egislative authority to make law, legislatice codifies laws, courts simply apply the law, france
civil law example
the basis for law is grounded in the priniciple of precedence and case law or jurisprudence. common law society emphasizes judge made by law
common law
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
common law example
combination of both civil and common law
canadian legal system
two separate systems exist: civil law system of quebec and common law of the other provinces
canada in private law
part of law where we can find the “substance” of our rights
Substantive law
once we are aware of our rights, we must then turn to the quebec code of civil procedure to find
adjectival law
person who claim to be owed money, services or goods by someone
creditor
person who owes money, services or goods to someone
debtor
a creditor who takes legal action against a debtor who owes him money, services or goods
plaintiff
a debtor who is sued by plaintiff
defendant
the legal method which the civil law establishes for a person to acquire or to lose rights by the mere lapse of time
prescription
laws are made by
legislature
in Quebec, law made consists of 2 elements
- national assembly, 2. queen
how many times does a bill that is introduced to the national assembly must be read
3
after the 3 reading the law is then passed to who to be signed
the queen, or her personal representative in the provice
who is the representative of the crown in canada
the governor general
who appoints the governor general
the queen
one of the most important reponsibilties of the governor general
ensure that the country always has a prime minister
- summons parliament (calls memebers to opening session)
- prorogued parliment (adjourns current session)
-dissolves the existing parliment (terminates pending new election)
the governor general
who is the queen representative in each provice
lieutenant governor
the third source of law is found in the judgements of the courts rendered in past cases
jurisprudence
each city (municipally) in the province is given the irght to set up a
municipal court
____ in municipal courts are often lawyers who live in the community and are ppointed by the minister of justice of quebec
judges
-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
court of quebec
consitution
only source of authority to make laws in canda is the
organized in 1972 to relieve the backlog of cases and pressure on the higher court
small claims court
-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
small claims court
court which appeals are brought from the superior court, and also in special cases, from the court of quebec
the court of appeal
has “appellate jurisdiction” the right to hear appeals over cases where an appeal is allowed by law
the court of appeal has
the grounds of the appeal may be based only on error of law or error of fact
ground of court of appeal
- it can allow the lower court decision to stand
- 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
court of appeal can rule 1 of 3 ways
the highest court in canada, and the final court to which one may bring appeals in all matter, civil or criminal
the supreme court of canada
the special court deals with matters that concern the federal government
federal court of canada
administrative tribunals (boards)
appointed and salaries paid by the federal government
judges of quebec superior court, court of appeal, supreme court of canada and all federal courts
to be appointed as a judge
to be appointed as a judge a person must be a lawyer with a minimum of 10 years or experience
judges in lower court
paid and appointed by the provincial government
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
lawyer
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
notary
parties usually represented by their lawyers are opponents or adversaries (our system is based on this
adversarial approach
where the judge asks questions and carries out cross examination found in the courts of france
inquisitive approach
the profession of notary is unique to the province of quebec
notaries
are kept separate and are numbered consecutively in the notary’s records and the notary issues copies or extracts from them
deeds (documents) en minute
are executed with one or more originals which are delivered to the parties
deeds en brevet
the purpose of ____ is to provide the srvices of a lawyer or notary, free of charge
legal aid
