Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

COMM 315 > Lesson 1 > Flashcards

Lesson 1 Flashcards

1
Q

What is law?

A

Set of rules and principles that serve the purpose in a democracy it governs the conduct of society

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What does law do?

A
  1. Promote goals of peace, order and good governance
    2.Should be written: if not written risk of unfairness in application
  2. adopted by government
    (lawmakers)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Justice

A

Process of applying the law, where law is the set of rules to maintain order and provide fair treatment to all

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Law enforced by

A

courts/judges

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

judges need to be

A

respected: for people to have faith in their decisions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Justice has to be perceived as

A

rendered fairly (i.e. what if you cannot pay a judge)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Ethics are

A

moral values, our personal views on what is right and wrong (ethical principals are not decided by the government)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Society’s ethical views on appropriate behaviour:

A

change over time

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Some changes in ethical beliefs

A

help foster changes to the law BUT laws are often slow to change because of conflicting ethical views of their constituents (might win/lose votes)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Example of ethics

A

Law sets the minimum wage rate for everybody and ethics will ask if that rate is fair

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Private law (FOCUS)

A

deals with relationships between persons

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Example of private law

A

contractual responsibility , civil liability

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Private law does not involve government if

A

official capacity. Only if he is the employer or the client. Private law does cover the actions where gov is acting in a commercial capacity

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Compensation looks for

A

actual and direct damage that you have suffered: comes form the breach of private law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Public law:

A

deals with the relationship between the government acting in an official capacity and its citizens

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

In public law, enforcement of citizen’s duties

A

to the state for criminal and income tax

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Civil law deals with

A

matters under QC provincial jurisdiction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Why is civil law QC jurisdiction

A

based on how the private law used in France prior to 1760s, even after the British took over the French, the law stayed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

All general principles of law are

A

collected and codified into one rule book = civil code

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

In civil law: when faced with a legal question, lawyers and judges will refer to

A
  1. civil code

2. jurisprudence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Common law:

A

refers to federal laws that have common application all across Canada and other provinces

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Common law is historically based off

A

British system law (not codified)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

in Common law: when faced with a legal question

A
  1. jurisprudence (previous court cases)

2. statutes (law) would be examined

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Law can be divided into two kinds

A

substantive and adjectival (procedural)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Substantive law
set out specific rights and responsibilities that persons are bound by (civil code or consumer protection)
26
Adjectival/procedural
sets out rules on how substantive laws should be applied such as steps to take, delays
27
Litigation aka lawsuit
the formal procedure in which a person takes a court action against another person to claim damages/recover a debt/enforce an obligation
28
Creditor
the person to whom a debt is owed
29
debtor
the person who owes a debt/obligaiton to another
30
plaintiff
the person who initiates a lawsuit against his/her debtor
31
defendant
the person against whom the lawsuit is taken
32
Class action
multiple persons having a similar claim against a common defendant
33
In a class action, the proof of one claimant
is sufficient to prove the damages suffered by all plaintiffs
34
Example of class action
purchaser of a new car that has manufacturing defects
35
Benefits of class action
1. Saves court time, one lawyer represents all of plaintiffs collectively 2. Saves legal costs to plaintiffs, facility access to court for those who may not be able to afford a lawsuit on their own
36
Where to institute a lawsuit, general rule
the plaintiff sues the defendant in the city in which the defendant is domiciled
37
What if the defendant lives in a different city, province or country?
if lawsuit is based on breach of contract then: 1. choice of venue 2. Choice of law
38
Choice of venue
the parties can stipulate in the contract which court will be competent to hear the case
39
choice of law
the parties can stipulate in the contract which law will apply to govern the contract (can be where on lives, the other or a common practice)
40
Prescription
a specific delay that you have to start a lawsuit form the time the damage was caused
41
If the prescription is done
the creditor will not be permitted to take a lawsuit to enforce his/her rights
42
In common law a prescription is a
limitation period
43
General rule under civil code of qC for breach of contract + non-contractual liabilitiy
the prescription is under 3 years
44
the power to pass laws is divided
federal and provincial depending on area of law; could be exclusive and also shared
45
Federal laws include:
criminal, currency/banking, immigration, universities, IT property
46
Provincial laws include
FOCUS: property, ownership, civil rights, contracts, employment, non-contractual responsibility (civil responsibility)
47
Sources of laws
1. Statutes 2. Jurisprudence 3. Doctrine 4. Customs and usage
48
Statutes
Written laws adopted by the government
49
Jurisprudence
(case law) court judgements, decisions rendered by judges, interpreting statutes, or making new law if the statute is silent
50
Doctrine
articles/essays written by legal experts analyzing specific areas of legal concerns (new)
51
examples of doctrine
Internet law: transactions, duties, responsibilities, jurisdiction Cyber-bullying/defamation on social media
52
Customs and usage
traditions: commonly accepted historical practices used in a particular community , based on this we could see how a transaction would be interpreted today
53
QC legal system
1. Trial court 2. QC court of appeal 3. Supreme Court of Canada
54
Trial court
court of first instance: where you have two parties and one judge, no trial by jury
55
How long does trial court take
4 years
56
Trial courts two sepcific courts
Court of QC and QC superior court
57
Court of QC
appointed by provincial government
58
Claims amount for court of QC
between 15000 and 85000
59
a branch of court of QC
Small claims court
60
Small claims court
claims for 15000 and less, individuals or companies with 5 or less employees, no appeal and no lawyers, judge acts as arbitrator
61
QC superior court
appointed by federal government
62
QC superior court deals with amount
grater than 85000
63
QC court of appeal
decisions previously made by court of QC and QC superior court
64
how many judges court of appeal
3 judges: majority, no need for unanimity
65
How much time take to court of appeal
3 years
66
grounds for appeal
judge made a material error in interpreting the facts of the law, made serious error
67
right to appeal
1. automatic right to appeal: where the object in dispute equal or bigger than 60K or 2. permission of QC court of appeal for all cases
68
Supreme Court of Canada
common and finale appellant court from all court of appeals from all provinces of Canada. No other court can challenge it
69
how many judges in Supreme court
9 (generally all sit) : majority, no need for unanimity
70
how do we call the parties in Supreme Court
appellant and respondant
71
how many years does it take in supreme court
about 3 years
72
How many years total if you go through all courts
10 years some exceptions for special cases
73
Grounds for appeal in supreme court
same as QC court of appeal: have to show that a judge made a material error
74
is there automatic right of appeal for supreme court
no, permission required for every case
75
General rule of supreme court
respect decision of provincial court
76
Reasons for Supreme Court to agree to hear cases
1. new law that the Supreme Court of Canada has not yet ruled on 2. issues of public order and national importance 3. those dealing with potential human right infringement * amount of money in dispute is not a factor

COMM 315 (4 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions