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business law > the canadian legal system > Flashcards

the canadian legal system Flashcards

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1
Q

law

A

body of rules that can be enforced by courts or government agencies
everyone is expected to know or respect the rights and responsibilities found in-laws
differ in various jurisdictions

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2
Q

who makes the laws: Canada

A

Parliament of Canada

  1. house of commons (members of parliament)
  2. senate (senators appointed by pm)
  3. represented of the queen (Governor general)
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3
Q

bill

A

proposed law

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4
Q

who makes the laws: Quebec

A

bills are presented, debated and voted by elected representatives in the national assemble
representative of the queen must approve laws

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5
Q

types of laws: civil

A

relationships between people and deal with everyday issues

contracts or disputes between people and companies

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6
Q

civil trial

A

a person or corp brings another person or corp to trial

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7
Q

types of laws: criminal

A

list and define events that are considered crimes (punishments)

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8
Q

criminal trial

A

government brings a person or corp for serious offences to trial

  • penal for less serious offences
  • prosecuted by criminal and penal attorneys
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9
Q

civil cases

A

seeks settlement through the courts

civil responsibility case: the plaintiff may demand compensation for damages

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10
Q

civil cases: small claims court

A

to address the less important cases involving small amounts of money

  • anyone may address the small claims division of the court of québec
  • individuals must represent themselves
  • fewer regulations
  • under 15,000$
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11
Q

civil cases: a class-action lawsuit

A

allows many plaintiffs to band together to begin proceedings against someone

  • can take several years
  • might automatically be incorporated as a plaintiff if you had any dealings with the party being sued
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12
Q

civil cases: who pays

A

all parties assume all expenses to take the matter to court (legal fees, lawyers, etc.)
the party loses the case pays the fees related to the court case itself (expert fees, admin fees, etc.)
if the plaintiff’s case was deemed abusive or frivolous, the judge may impose the reimbursement of parts or all lawyer expenses

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13
Q

civil cases: burden of the proof in a civil case

A

rests with the plaintiff who must prove that the other made an error, was responsible or negligent
- doesn’t need to prove beyond doubt

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14
Q

criminal cases

A

the government (not the victim) acts as the prosecution in a case against a person or corp accused of a serious criminal offence

  • gov. represented by criminal/penal attorneys
  • defence represented by defence lawyers
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15
Q

ignorance of law

A

no one may claim innocence because they were unaware of the law

  • the responsibility of corps and people to know and understand laws
  • use of legal counsel
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16
Q

Quebec court system: the authority of jurisdictions (3)

A

the jurisdiction of each court is determined by law based on: the nature of the case, geographical location and the amount of money in dispute
- verdicts given by lower courts may be appealed

17
Q

Quebec court system: smaller courts

A

small claims court: small amounts (<15,000$) and judge decisions are final
municipal court: address municipal matters

18
Q

Quebec court system: courts of Quebec

A

civil division: < 85,000$ and address appeals from other special courts
penal division: no juries and state brings matters to court
youth division: dealing with people under 18

19
Q

Quebec court system: superior courts of Quebec

A

civil division: < 70,000$ (ex,: class-action, bankruptcy, etc.)
criminal: serious criminal offences will be tried immediately at the superior court and before a jury

20
Q

Quebec court system: appeals courts

A

court of appeals of Quebec: highest court of Quebec and permission to access given by a judge
supreme court of Canada: highest court of Canada, 9 appointed judges and decision is final

21
Q

jury duty

A

opportunity and a duty to render justice in certain judicial cases
Canada: few cases are held in front of a jury

22
Q

jury duty: jurors

A

18
canadian citizens
some people can’t serve (lawyers, judges, police, etc.)
selected at random from an electoral list
ignoring a summon to appear is a penal offence
some people may ask to be exempt for valid reasons

23
Q

jury duty: how it works

A

twelve citizens are called
after deliberation, they render a unanimous verdict
if the jury finds the defendant guilty, the judge will determine the sentencing

24
Q

jury duty: pay

A

an employer can’t dismiss or suspend an employee for serving on a jury
- not forced to pay an employee for serving
jurors may return home after hearings, but once the jury retires for deliberation they are secluded in a hotel until they reach a verdict

25
Q

public-law

A

sets the rules for the relationship between the individual and society

  • criminal law: crimes and punishments
  • constitutional law: defines the relationship between various branches of government and between the federal and provincial government
  • admin law: deals with the actions and operations of government
26
Q

private law

A

sets the rule between individuals
civil law
settles private disputes among groups of people and compensates victims

27
Q

common-law and civil code law: history

A

English and french systems from the 17th and 18th centuries
after the battle of Quebec in 1759, the country fell under English common law, except for Quebec, which follows civil law

28
Q

common-law

A

the law that is not written down as legislation
judge-made and evolved into a system of rules based on precedents (stare decisis)
guides judges in making later decisions in similar cases
can’t be found in any code or body of legislation, but only in past decisions
flexible: adapts to changing circumstances

29
Q

civil code law

A

civil codes contain a comprehensive statement of rules
general principles to deal with any dispute that may arise
= first look to a civil code -> refer to previous decisions -> see if they’re consistent

30
Q

Quebec civil code

A

inspired by the 1804 Napoleon code
civil code of Lower Canada (1866)
four books: persons, property and its different modifications, acquisition and exercise of rights of property, and commercial law
new civil code of Quebec came into force on Feb 1, 1994

31
Q

new Quebec civil code (10 books)

A
  1. persons (individual rights, residence rules and privacy)
  2. the family (marriage, parentage and adoption)
  3. successions (wills, inheritance and estates)
  4. property (possession, land boundaries and right-of-way)
  5. obligations (contract law, tort law, sales and leasing)
  6. hypothecs (mortgages and the sale of land)
  7. evidence (burden of proof)
  8. prescription (statutes of limitations)
  9. publication of rights (registration of property)
  10. private international law (governs the resolution of legal issues involving persons outside of Canada)
32
Q

mix of systems

A

civil code law doesn’t preclude judgments that may affect legislation

33
Q

negotiation

A

parties discuss the problem with each other in order to find a solution
requires cooperation and compromise
may use the services of a representative
leave fewer hard feelings
agreement reached may not be legally binding

34
Q

mediation

A

this method involves the use of a neutral third party to settle the dispute
get the opposing sides to find common ground and agree on some concessions
the court may force the parties to use a mediator before reaching the courts
the court may be called upon to approve or disapprove any mediated resolution

35
Q

arbitration

A

parties agree on an independent third party to make a decision that will be binding
required in contract and mandated in collective bargaining
arbitrators are usually specialists in the matter under dispute
must agree that the arbitrator’s decision cannot be appealed
the procedure may be reviewed by the court

36
Q

pros (6)

A 
maintain control of the solution
determine the schedule and the process
cost less
remain private 
preserves goodwill
win-win
37
Q

cons (5)

A 
more power to extract info
decisions do not follow precedent 
agreements may not be enforceable 
inappropriate when power imbalance 
no public record of dispute or decision

business law (2 decks)

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