Lectures / Readings

Question 1

What does ADR stand for?

Answer 1

Alternative dispute resolution

Question 2

What is affirmative action?

Answer 2

An action that can be used to discriminate against a group if it serves to be advantageous towards a group that is discriminated against

Question 3

List the three most common ADR methods

Answer 3

1. Negotiation
2. Arbitration
3. Mediation

Question 4

What should be an individual’s last resort when trying to solve a dispute?

Answer 4

Litigation

Question 5

List some 5 reasons as to why litigation can be disadvantageous:

Answer 5

Costly
Unpredictable
Untimely
Difficult to preserve long-lasting relationships
Issues with confidentiality

Question 6

What is the least formal ADR method?

Answer 6

Negotiation

Question 7

What is the most structured form of mediation?

Answer 7

Arbitration

Question 8

List 4 aspects of negotiation

Answer 8

Cost-effective, informal, private and quick

Question 9

What are two examples of forms of negotiation?

Answer 9

1. Positional bargaining
2. principled negotiation

Question 10

What is the key distinction between Mediation and Negotiation?

Answer 10

Independent third-party mediator, meetings take place at specific times and dates

Question 11

What are the formalized aspects of arbitration?

Answer 11

The arbitrator imposes a solution at the end of the arbitration period.

Question 12

What are the advantages of arbitration?

Answer 12

Like both other ADR approaches Arbitration is private, however, parties dictate the entire procedure and can compose it in any manner they would like.

Question 13

What are the 4 stages of civil law procedures?

Answer 13

Pleading
Discovery
Trail
enforcement

Question 14

What does a civil lawsuit start with?

Answer 14

A statement of claim

Question 15

What does a Plaintiff do before a civil trial?

Answer 15

Discuss how they’ve been wronged

Question 16

If someone is awarded “costs” what does that mean? what % of costs are usually awarded?

Answer 16

Costs are awards that are used for legal fees, in Canada usually about 1/3 of total procedural fees are reimbursed.

Question 17

What is a third-party claim?

Answer 17

A claim in which the defendant brings in a third party. Occurs when the plaintiff accuses the defendant and the defendant believes that their injuries or wrong is due to a party outside of the two present in the disagreement.

Question 18

What is the total amount of money that the Alberta claims court ( a SMALL CLAIMS COURT) Can award in a legal suit?

Answer 18

100,000 dollars

Question 19

What information does a statement of claim document include?

Answer 19

Explains:
Who is being sued
What they are being sued for
The legal principles involved and the total damage

Question 20

What is another word for a statement of claim document?

Answer 20

A pleading

Question 21

Who is the individual being wronged in a civil court case?

Answer 21

The plaintiff

Question 22

Who is the individual being accused of wrongdoing in a civil court case?

Answer 22

The defendent

Question 23

What does the executive branch consist of?

Answer 23

prime minister, cabinet ministers, premiers, civil servants

Question 24

Who makes up the judicial branch?

Answer 24

Federally and provincially appointed judges

Question 25

What does the legislative branch consist of?

Answer 25

The senate, the parliament, provincial legislatures

Question 26

Under the law what branch of government makes statues?

Answer 26

The parliament

Question 27

What does the executive branch do under government?

Answer 27

Runs the government and creates rules and regulations

Question 28

Who in the legal system creates common law?

Answer 28

Judges

Question 29

What do judges interpret?

Answer 29

Regulations and statues

Question 30

What is the function of the Parliaments power in terms of law

Answer 30

To make / change the law

Question 31

What function does the executive branch have in terms of law

Answer 31

To put law into action

Question 32

What does the judiciary have the power to do in terms of law?

Answer 32

Make judgements on law

Question 33

Both provincial and federal governments can pass statues true to false?

Answer 33

True

Question 34

What two statues concern constitutional law?

Answer 34

Charter of rights and freedoms (1982) and the Constitution act of (1867)

Question 35

The charter outlines civil rights of all Canadians and anyone who is on Canadian soil true or false?

Answer 35

True

Question 36

What does the constitution act outline?

Answer 36

The way elections work, the powers of the executive branch, and the division of power between federal and provincial government.

Question 37

What is common law?

Answer 37

Judge made law that is separate from statute law.

Question 38

What are common law decisions based off of?

Answer 38

Precedent / stare decisis

Question 39

What are the two rules a judge can apply?

Answer 39

Rules of Equity and common law rules

Question 40

What is equity in law?

Answer 40

Rules that focus on what would be fair given the specific circumstance of the case rather than stricter common law rules.

Question 41

The Supreme Court decisions are binding on all courts except those outside its jurisdiction true or false?

Answer 41

False.

Question 42

What are the two things legal decisions can be?

Answer 42

Binding and persuasive

Question 43

What is the difference between a freedom and a right

Answer 43

Freedom is a fundamental political liberty required in a democracy, whereas a right is an entitlement directed at ensuring equity among citizens

Question 44

What does the term supreme law mean?

Answer 44

That that law can override any legislation or government action that is inconsistent with its principles.

Question 45

What does section one of the charter outline?

Answer 45

The Charter of Rights and Freedoms guarantees the rights laid out in it.

Question 46

What are the fundemntal freedoms listed in section 2? A-D

Answer 46

S(2a) Freedom of conscience and religion S 2b. freedom of thought, belief, opinion, and expression S 2c. Freedom of peaceful assembly S 2d. Freedom of association

Question 47

What category of rights does section 3 t 05 concern itself with

Answer 47

Democratic rights

Question 48

What category of rights does Section 6 concern itself with?

Answer 48

Mobility rights

Question 49

What category of rights do sections 7 to 14 concern themselves with

Answer 49

Legal rights

Question 50

What category of rights does Section 15 concern itself with?

Answer 50

Equality rights

Question 51

What sections of the charter concern itself with the official languages of Canada?

Answer 51

Sections 16 to 23

Question 52

What rights are concerned under section 3

Answer 52

Minority language education right

Question 53

What does the first subsection of section 15 equality rights preclude?

Answer 53

Any law program, activity as its object, the amelioration, states that the rules stated in rule one should not impact those who are categorized as disadvantaged in section 15(1)

Question 54

What is the notwithstanding clause?

Answer 54

Section 33 allows that provisions may operate notwithstanding a provision included in sections 2 or 7 to 15.