Chapter 1 Flashcards

(31 cards)

1
Q

What is the purpose of Law?

A

Intended to guide conduct in society, primarily protecting persons and their property.

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2
Q

What is substantantive law?

A

Consists of the rights and duties that each person has in society, such as the right to own property or make contracts.

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3
Q

What is procedural law?

A

Deals with the protection and enforcement of the rights and duties of substantial law.

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4
Q

What is private law?

A

Consists of the rules governing relations between private individuals or groups of persons.

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5
Q

What are the two basic law systems? What are each governing?

A

Civil law emphasizes legislation by following a written code.
Common law emphasizes decisions handed down by the courts.

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6
Q

Which code greatly influenced Civil Law?

A

Code of Napolean.

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7
Q

What is a precedent?

A

Using recorded reasons for judgement given by judges in previous decisions to decide cases.

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8
Q

Which basic law system provides consistency and predictability?

A

Common Law

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9
Q

What does stare decisis mean?

A

To stand by a previous decision

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10
Q

What is the rule that binds lower courts to a decision made by higher courts

A

Stare decisis.

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11
Q

What group does the Charter of rights apply to?

A

The government. Does not directly apply to disputes involving private parties.

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12
Q

What is Section 33 of the charter?

A

Notwithstanding the fact that it violates the charter.

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13
Q

What are courts response when the Charter has been violated?

A
  • Leave to legislation to solve?
  • Injunction for gov’t to solve problem in a way
  • May strike down a statue and leave legislature to enact a new law.
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14
Q

What are Statues

A

LAws made by parliament, provincial legislature and municipal gov’t.

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15
Q

What is a royal assent?

A

Formality where the bill is approved by the attorney General.

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16
Q

What are the two main classes of legislature?

A

Passive and Active.

17
Q

What class prohibits an action that was formerly permitted or allows for a permitted action to be prohibited?

18
Q

What is Active legislation?

A

Gives government the right to carry on a program such as taxes.

19
Q

What is an open court policy?

A

Means that anyone can be present in a courtroom

20
Q

What is requried to bring a case to court?

A

Must have a standing to sue.

21
Q

What are the requirements of a class action lawuit?

A
  • Common issues
  • Plaintiff must qualify as a representative plaintiff
    -Workable plan for notification of potential class members
    Courts must be convinced that a class action is preferable procedure
22
Q

What are the three things that make up a lawyers fee?

A

Hourly rate
Lump sum
Contingency fee (paid a percentage of the proceeds for a successful lawsuit)

23
Q

What is a settlement? What is the percentage of these that occur for a case?

A

Parties agree to resolve their dispute out of court. More than 95% of cases are settled outside of court.

24
Q

Who is the first to call their witness?

A

The plaintiff

25
What are ordinary witnesses allowed to testify about?
Only the facts that they know firsthand.
26
Who is the burden of proof on in a non-criminal action case?
The plaintiff.
27
What percentage is the winning party awarded of costs?
40-50%
28
What are the three types of alternative dispute resolution?
Negotiation MEdiation Arbitration
29
What is arbitration
Parties agree to be bound by the decision of a neutral third party
30
True or false: Use of precedents is used in ADR
False. Use of precedents is not followed.
31
What is the maximum that can be brought to small claims court?
25,000