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COMM 304 - Business Law > Lecture 2 > Flashcards

Lecture 2 Flashcards

1
Q

What does the supreme court of canada do?

A
  1. Review court (Everything that happened in the lower court)
  2. Don’t listen to witnesses.
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2
Q

What can the supreme court of canada decide?

A
  1. Sustain - no change
  2. Set aside - quash - to overrule, if evidence was not sufficient, etc.
  3. Order a new trial
  4. Bury a new sentence (redo the sentence upward or downward)
  5. Uses an odd number of judges so that a decision is made (either 3, 5 or 7, most often 3)
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3
Q

Why does the queen’s bench justice of the peace use an odd number of judges?

A

So that a decision is made

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4
Q

What is the federal court’s jurisdiction?

A
  1. All suits against the federal government.

2. Tax appeal - deals with your tax assessment

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5
Q

What is the provincial court’s jurisdiction?

A
  • Deals with 95% of all criminal cases (the other 5% are scattered across courts)
  • All preliminary hearings, all quasicriminal matters, some civil law
  • 1/2 of 1% is criminal law and rest in civil law
  • Every civil charge starts here
  • Used as a small claim court
  • Use you as an example or to place you in rehabilitation
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6
Q

What are the roles of a Justice of the peace?

A
  • To settle very minor criminal matters in the past, now only in traffic/speeding tickets
  • Empowered to release the people that have been arrested (minor offences, won’t be released for serious ones) (let out on bail)
  • Sit in on traffic matters (Speeding, stop light tickets, etc)
  • Usually an elderly, well respected individual (retired) not formally trained in law
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7
Q

Jurisdiction

A

Higher up the court the greater the jurisdiction

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8
Q

Whats Quasi Judicial?

A

Between administrative and judicial

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9
Q

What is an administration tribunal?

A

A body created by a specific statute to carry out the objectives of that statute

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10
Q

What are some examples of Administration Tribunals

A
  1. Highway traffic board
  2. Labor Relations Board
  3. Liquour and Gaming comission
  4. Parole Board
  5. Human Rights Commission
  6. All school boards
  7. Provincial police commission
    8 U of S > Board of Governors
  8. All various health boards
  9. Institute of Chartered Accountants
  10. Medical profession act
  11. Medical profession act
  12. Legal Profession act
  13. Professional engineers act
  14. Dental Profession Act
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11
Q

Difference between criminal and civil law

A
  • Civil law is a relationship between individiual and individual (e.g. suitin an individual)
  • Criminal law is defined as a relationship between state and the individual
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12
Q

What is the standard of proof for criminal and civil law?

A

Criminal law - Beyond all reasonable doubt

Civil law - A balance of probabilities

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13
Q

What are the two categories of criminal law?

A
  1. Summary conviction - less serious offence

2. Indictable offence - More serious offence

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14
Q

What are some examples of a summary conviction?

A
  • Theft
  • Theft under $5000
  • Causing a disturbance in a public place (Shouting, fighting, swearing, etc)
  • Soliciting for prostitution
  • Joy riding (Stal and car and drive somewhere and then just leave the car)
  • Common assault (don’t ause bodily harm, no weapon)
  • Dangerous driving
  • Driving while inhibited
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15
Q

What are some punishments for a summary conviction?

A
  • Could be fined anwhere up to $500
  • Imprisonment up to 6 months unless otherwise stated
  • If long record the rights to change to an indictable offence (greater punishment)\
  • Dual offence means more than one offence
  • Jurisdiction is under the provincial court
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16
Q

What are some examples of Indictable offences?

A
  1. Murder (premeditated)
  2. Murder (not premeditated)
  3. Manslaughter
  4. Armed robbert, robbery, robbery with a weapon, robbery with violence
  5. Sexual assault (rape)
    6 Fraud
  6. Breaking and entering
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17
Q

What is the penalty for murder that is premeditated?

A

Mandatory life in prison, cannot apply for parole until 25 years is served

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18
Q

What is the penalty for murder that is not premeditated?

A

Mandatory life in prison can apply for parole after 10 years

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19
Q

What is the penalty for manslaughter?

A

Up to life in prison (less than murder)

20
Q

What is the penalty for armed robbery?

A

Minimum of 2 years and up to 14 years in prison

21
Q

What is the penalty for sexual assault (rape) ?

A

Minor or serious - can carry up to life in prison

22
Q

What is the penalty for breaking and entering?

A

Up to 14 years in prison for commercial building and up to life for a household.

23
Q

What is the procedure if an individual is charged with a summary conviction?

A

Provicinal court will deal with it as it has absolute jurisdiction over all summary conviction ( Small claims court)

24
Q

What is the procedure for an indictable offence?

A
  1. Person appears in provincial court and charges are read.
  2. They are given a right of election (Choice of whre you want to be tried) e.g. Queen’s bench, provincial court
  3. Preliminary hearing
25
What are the procedures for a preliminary hearing?
1) The provincial court judge hears all evidence that the state has against the accused and decides whether to send the case up for trial or discharge the person. When it is decided to be sent up it is called Committal for Trial. 2) Allows accused to hear all the evidence that the state has against them (observe, question the witnesses, etc. without the stress of being found innocent or guilty)
26
Committal for trial
When a case is decided to be sent up the ladder
27
The procedures for a trial in provincial and queens bench
- All evidence is heard - Facts are formed - Judge makes the decision and gives the reason or reasons for the decision
28
The procedures for a trial before the judge and jury
-Jury trier of the facts and the judge becomes the trier of the law
29
What are Quasi-criminal matters?
Any offence that is not under the criminal code of canada. Not criminal, not civil
30
What are some examples of Quasi-criminal matters?
Fishing without a license, bootlegging, speeding ticket, jay walking, traffic tickets
31
Characteristics of the Small Claims court
- Claims of up to $30,000, proceed in provincial court | - Costs about $20 - $30 for case to be heard
32
Characteristics of the court of the Queens Bench
- Deals with wills and estates | - Claims excess of $30,000
33
What does the family law division deal with?
- Divorce - Annulment of marriage - maintenance - custody - access - adoption - paternity - division of matrimonial property
34
two persons regardless of sex that have cohabitated together continously for 24 months
Spousal relationship
35
What arrangements does cohabituation cover?
- Shelter - Social Activity - Sexual and personal behaviour - Domestic services - Societal Attitude - Conduct respecting children - financial arrangements
36
Who sits on the jury?
-12 Reasonable people
37
Whats a hung jury?
When a consensus cannot be made, decision by jury must be unanimous
38
Whats an Annulment?
To void a marriage as if it never happened. | No division or property necessary
39
Reasons for an Annulment
1) 2 persons go through a form of marriage but are not legally married 2) if man marries 2 women (bigamy) the 2nd marriage is delcared mull 3) marriage nto legal until consummated then go to court to get annulled
40
Which two jurisdictions of law deal with custody and access rights?
1) Provincial law 2) Children's law act - Usually one parents get custodial rights and the other access rights, best if parents can work it out themselvees
41
Where does adoption take place?
-Takes place through courts or in a private adoption
42
When does apprehension take place?
- if children are neglected then (Government) social services can go in and apprehend the children - Return children, contemporary apprehsion of children, or permanately take children.
43
Whats Filiation?
- The naming of the father to unwed mothers | - Paternity
44
What are the taxes concerning maintenance payments?
- The payments are not tax deductible, taxes payable | - Mother does nto have to pay income tax on the maintenance paid to her
45
What is the family property act
Takes everything that the husband and wife and put them into a common pot. Everything is then given 50/50 unless you can provide proof that the other party isn't entitled to 50%
46
Characteristics of a Pre-Nuptial agreement
1) common among elderly 2) has to be done a certain way 3) you can exempt yourself from the faily property act 4) the court may void the agreement if it is unsociable (unfair)
47
What is an inter-spousal agreement
- Takes place after a couple is already married - An agreement made between two spouses on how to divide family property - Encouraged for the couples who are in the process of breaking up to enter into interspousal agreements - This would save money because they then don't don't have to go to court and have less lawyer time (legal fees)

COMM 304 - Business Law (10 decks)

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