Mid-Term Short Questions

Question 1

What does “Stare Decisis” mean?

Answer 1

This means that you must stand by your previous decision.

This is a principle of following already decided judicial cases.

This is used in Common Law Systems such as in Canada.

Question 2

What is “Ratio Decidendi”?

Answer 2

BINDING

This means all of the facts that were used in making the decision that led to the judge’s ruling

It is essentially all information that was used in coming to a conclusion in the trial

Question 3

What does the term “Orbiter Dicta” mean?

Answer 3

NOT BINDING

All other information that was not used in the judge’s ruling.

It essentially refers to any information that was used in the trial that was not relevant to the final decision.

Question 4

What are the 3 C’s of “Stare Decisis”?

Answer 4

Certainty

Continuity

Consistency

Question 5

What are the 3 Sources of Law?

Answer 5

CLA

1. Courts

Judges use Case Law to determine individual cases

2. Legislatures

The provincial and federal government make new laws for the country

3. Administrative

The federal and provincial government delegate authority to subordinate entities such as the WCB (Workers Compensation Board), CRTC (Canadian Radio-television and Telecommunications Commission), and other similar entities to make laws in their area of expertise

Question 6

What are the 4 Roles of the Courts?

Answer 6

APIA

Arbiter of The Constitution

Protector of Civil Liberties

Interpreter of The Legislation

Arbiter of Disputes between Private Parties

Question 7

What can a Statute do?

Answer 7

MKMR

It can do four things:

1. Make New Laws
2. Knockout Old Laws
3. Modify Existing Laws
4. Repeal Existing laws

Question 8

What are the 2 main bodies that comprise the Federal Government?

Answer 8

The House of Commons (Elected)

The Senate (Appointed)

Question 9

Outline the Manitoba Court of Appeal (COA)

Answer 9

Superior Court

The Highest Court in Manitoba

This court will only act as a Court of Trial (COT) if the case in question is about the Constitution!!! Know for the exam. Otherwise, it is strictly an Appeal Court

Question 10

What courts have a Jury?

Answer 10

1. Court of Queen’s Bench (CQB),
2. Manitoba Court of Appeal (M-COA),
3. Federal Court of Appeal (F-COA),
4. Supreme Court of Canada (S-COC)

Question 11

Outline the Canada Federal Court?

Answer 11

This is a superior court

Trial Court

NO jury, just a judge

It has special claims that must be heard here:

• Shipping and navigation
• Ocean shipping
• Claims against the federal government
• Immigration

Question 12

What is a Federal Court of Appeal?

Answer 12

Superior Appeal Court

Has a jury

Appeals are difficult to get and follow the same process as the Court of Queen’s Bench and Court of Appeal

Quorum (minimum) of 3 judges is needed to commence

Question 13

Outline the Supreme Court of Canada?

Answer 13

The holy grail of courts in Canada

Judges appointed by the Cabinet

Only 9 in the entire country

Cases here must be of national importance

Requires 5 judges for a quorum

Primarily an Appeal Court, unless the matter involves a question of the Constitution, then it can act as a Trial Court. In this case, witnesses would be present

Question 14

Who looks after suing for someone who is under the age of majority or incompetent?

Answer 14

The Office of the Public Guardian and Trustee (OPGT)

Question 15

What does “standing to sue” mean?

Answer 15

This means that you have the legal right to sue if you are affected more than the general public in regards to a matter

Question 16

What are the 2 kinds of Legal Costs?

Answer 16

Party & Party Costs (costs)

Solicitor Fees (a combination of Party & Party Costs, as well as Legal Fees. These, are basically all costs imaginable)

Question 17

What are the Bases for Judicial Review?

Answer 17

Lack of Authority by the subordinate entity

Procedural Irregularity by the subordinate entity

Procedural Unfairness - Not getting to say important facts

Question 18

Name two types of Substantive Law? (1)

Answer 18

Public Law and Private Law

Question 19

What are the 3 reasons for conducting Examinations for Discovery as explained to you in class? (1.5)

Answer 19

• See how credible the opposition is
• If the opposition makes a false claim in court, you have it under oath
• To ensure that both sides have all of the facts prior to conducting a trial and know all of the facts of the case

Question 20

Explain to me what an Inferior Court is? (1)

Answer 20

An Inferior Court is a court that cannot make rulings on matters outside of their jurisdiction.

They can only make rulings on matters that are expressly outlined in a statute.

Question 21

Name the Inferior Specialty Court in Manitoba’s Court System? (0.5)

Answer 21

Small Claims Court

Question 22

What are “Party & Party Costs”? (1)

Answer 22

These are costs that are incurred behind the scenes such as getting legal documents, bringing witnesses to trial and finding them, photocopying papers, etc.

They are not the hourly rates that are charged for regular legal work.

Question 23

What is meant by the term “Standard of Proof (SOP)”? (1)

Answer 23

This means how much proof is needed to be accused in a trial.

In a Civil Case, the standard of proof (SOP) is lower because you only have to have more evidence than your opponent.

In a Criminal Case, the standard of proof (SOP) is higher because you have to be guilty beyond a reasonable doubt which means there can’t be one single doubt in the judge’s mind.

Basically, how convincing you need to be to prove not guilty or not liable in a trial.

Question 24

Name the Civil Standard of Proof (SOP) and briefly describe it? (1)

Answer 24

This is based on a balance of probabilities.

To be not liable you just have to be more convincing than the opposition.

Question 25

I named three Sources of Law in class. Name the _Type of Law_ that each source makes? **(1.5)**

Answer 25

**CLA ► CSS** Courts make _Case Law_ Legislation makes _Statute Law_ Administrative entities make _Subordinate Legislation_

Question 26

What is meant by the term ‘Res Judicata’? **(1)**

Answer 26

This means that **_a matter cannot be reopened._** Res Judicata means that the _case is after the fact_ and _no further inquiries or findings_ can be brought forward about the case. Even if new _evidence_ is found, _it does not matter_, it is _too late_. Usually, you have _30_ days to make an _appeal_ about a _ruling_!

Question 27

What is a Contingent Fee, and how does it work? **(1)**

Answer 27

This is a fee that _lawyers_ will _only_ receive if they _win_ the case. They will usually get a _percentage_ of the amount awarded to the _winner_ of the case.

Question 28

Name the two types of Legal Aid Systems in Canada? **(1)**

Answer 28

1. Legal Aid System 2. Judicare System This system is where you approach a lawyer and they can agree to work for you and be paid by the Legal Aid System

Question 29

What kind of court cases can you get legal aid assistance for if you qualify for Legal Aid Coverage? **(1)**

Answer 29

There are _two_ occurrences where it can be used. The _first_ is when it involves a C_riminal Case_. The _second_ is when the case involves a _Family Matter_ such as _child custody_ or something of this nature.

Question 30

What am I referring to if I mention the concept of "S*tare Decisis"?* List the three reasons for having S*tare Decisis* (I call them the “3 C’s”) **(2)**

Answer 30

Stare Decisis means that _you must follow previous rulings_. In the legal sense, it means that _courts must follow previous rulings of judges_. The 3 C’s are: _Certainty_: People need to know what the law is _Continuity_: Rulings must be the same for similar cases _Consistency_: The system must be consistent over time

Question 31

Name the two types of Alternative Dispute Resolution (ADR) mentioned in the text? **(1)**

Answer 31

**MACN** Mediation Arbitration Conciliation Negotiation

Question 32

Name the court in the Federal Court System that acts only as a Non-Specialty Superior Trial Court? **(0.5)**

Answer 32

Federal Court

Question 33

Regarding what I referred to as the _Constitutional Framework of the Canadian Court System_, what _powers_ are granted (and to what level of government, federal or provincial) by _Section 101 of_ *_The Constitution Act, 1867_?* **(1.5)**

Answer 33

It says the _Federal Government of Canada_ can _maintain_ the _General Court of Appeal_ (the _Supreme Court_). Additionally, there are two other sections outlined in class. _Section 92_ says that the **_Provincial Court_** can handle _criminal matters_ and make _Federal Legislation_. _Section 96_ says the **_Cabinet in the Federal Government_** has the ability to _appoint judges_ to the _Highest Trial Court_ in each province and the _Provincial and Federal Court of Appeal_.

Question 34

State _3 rules_ about _appealing a judgment_ of the _Manitoba Court of Queen’s Bench (CQB)_ to the _Manitoba Court of Appeal (COA)_? **(1.5)**

Answer 34

1. If it is a _criminal case_ and you want to _appeal findings_ of the **judge**, you can _appeal as of right_ 2. If it is a _criminal case_ and you want to _appeal findings_ of **facts**, you must _request a leave for appeal_ which is tough to get 3. If it is a _civil case_ and you lost, you can _appeal as of right_

Question 35

What is a Judicial Review? **(1.5)**

Answer 35

This is a review conducted to see _if_ the _trial was performed fairly_. There are _3_ bases for judicial review: - If there was a _lack of authority_ by the subordinate entity - If the entity performed in a _procedural irregularity_ - If the trial was conducted with _procedural unfairness_

Question 36

I referred to “the rule of law” in the first two classes. What is the term referring to? (i.e. what is the rule of law)? **(1)**

Answer 36

This refers to laws that _treat all persons with **equality** and **fairness**_. There are 2 categories to this. _Established Legal Principles_ that _treat all persons equally_ and that the _government itself must follow_. **Public Law** **Private Law**

Question 37

If I plan to sue someone for $25 000.00, what court or courts might I sue them in? **(1)**

Answer 37

Court of Queen’s Bench (CQB)

Question 38

What is the Rule about Vicarious Liability that I explained to you in class? **(0.5)**

Answer 38

This means that employers can be _vicariously liable_ for the _torts (actions)_ committed by their _employees_.

Question 39

What type of _Legal System_ does Canada use and what are the _3_ different interpretations of it?

Answer 39

Canada uses **_Common Law_** The 3 different interpretations of it are: _Common Law System of Law_ _Common Law vs. Statute Law_ _Common Law vs. Equity of Fairness_ This means that employers can be vicariously liable for the torts (actions) committed by their employees.