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LEGL200 - Intro To Law > Module 2: Resolving Disputes > Flashcards

Module 2: Resolving Disputes Flashcards

1
Q

What does ADR stand for? What is it used for?

A

Alternative Dispute Resolution

Used to resolve dispute outside the court

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2
Q

What are the two court systems?

A

Civil court system
Criminal court system

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3
Q

Can cases fall into both court systems?

A

Yes, if the case has matters that pertain to each court separately

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4
Q

Which trial is held first if a case falls into both court systems?

A

Criminal trial is first, followed by the civil trial

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5
Q

What is the focus of criminal law?

A

Society as a whole and crimes which impact society

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6
Q

What is the purpose of criminal law?

A

Define unacceptable behaviour
Punish for those behaviours
Deter others from those behaviours

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7
Q

What is the jargon used when accusing someone of a crime in criminal law?

A

Charge

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8
Q

How are defendants found in criminal law?

A

Guilty or Not Guilty

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9
Q

What is the jargon used when accusing someone of a crime in civil law?

A

Sue

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10
Q

How are defendants found in civil law?

A

Liable or Not Liable

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11
Q

What is “Style of Cause”

A

Title of the case

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12
Q

What is “Burden of Proof”

A

Who must prove the case

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13
Q

What is “Standard of Proof”

A

How much proof is required

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14
Q

What is “Verdict”

A

The decision about the case

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15
Q

What is “Remedy”

A

The outcome or punishment of a case

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16
Q

How is Style of Cause written in criminal law?

A

R. v. Simpson

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17
Q

What does “R.” stand for?

A

R. = Society

R. = Regina (queen) or Rex (king)

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18
Q

How is Style of Cause written in a civil trial?

A

Plaintiff v. Defendant

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19
Q

How is Style of Cause written in civil law?

A

Plaintiff v. Defendant

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20
Q

Who does Burden of Proof fall to in criminal law?

A

The Crown

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21
Q

Who does Burden of Proof fall to in civil law?

A

The Plaintiff

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22
Q

What is the Standard of Proof in criminal law?

A

Beyond a Reasonable Doubt
(must be almost 100% certain a person is guilty)

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23
Q

What is the Standard of Proof in civil law?

A

On a Balance of Probabilities
(enough evidence to tip the balance toward the plaintiff’s favour)

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24
Q

What is the verdict for a defendant in criminal law?

A

Guilty or Not Guilty

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25
What is the verdict for a defendant in civil law?
Liable or Not Liable
26
What are the typical remedies in criminal law?
Jail or Fine
27
What are the typical remedies in civil law?
Damages (financial compensation) Injunction (court order to stop behaviour) Restraining order
28
Which courts are "appeal courts"?
Supreme Court of Canada Court of Appeal of Alberta
29
Which courts are "trial courts"?
Court of King's Bench of Alberta Provincial Court of Alberta
30
Which court is the "inferior trial court"
Provincial Court of Alberta
31
What is the title of the person who decides cases in the Provincial Court?
Judge
32
Who appoints a Judge?
The province
33
What is another way to refer to a Judge?
Your Honor
34
What are the 5 divisions of the PC?
1. Civil 2. Criminal 3. Youth 4. Family 5. Traffic
35
What is the monetary cap in the civil division?
$50,000
36
What is the nickname for the civil division
Small Claims Court
37
What set of rules does the criminal division follow?
Criminal Code of Canada
38
What does the criminal division deal with?
Most 1st appearances (pleas) of accused Most criminal trials
39
If a defendant pleads guilty in the criminal division what will happen?
They are sentenced or another date is set for a sentencing hearing
40
If a defendant pleads not guilty in the criminal division what will happen?
A trial date will be set
41
What crimes can the criminal division of the PC not deal with?
Murder or treason
42
What age range does the youth section of the PC deal with?
Young people ages 12-17
43
What outcome does the youth section emphasize?
Rehabilitation
44
Which act does the youth section focus on?
Youth Criminal Justice Act
45
What does the family section of the PC deal with?
Child custody Child support Alimony
46
What can the family section not deal with?
Divorce Division of property Adoption
47
What does the traffic section of the PC deal with?
Driving offences
48
What act does the traffic section deal with?
Traffic Safety Act
49
What can the traffic section not deal with?
Criminal Code offences (impaired driving, dangerous driving)
50
What court do low level crimes go to?
Provincial Court
51
What court do mid level crimes go to?
Accused's choice (PC, KB w/ Justice, or KB w/ Justice + jury)
52
What court do serious crimes go to?
King's Bench
53
What kind of trial court is the King's Bench?
Superior trial court
54
What is the title of the person who makes decisions in the Court of King's Bench?
Justice
55
What is another way to refer to a Justice?
My Lady or My Lord
56
What kind of matters does the KB deal with?
Both civil and criminal
57
What is the monetary limit on civil judgements in the KB?
No monetary cap
58
What kind of civil matters can the KB deal with?
Everything that PC Civil and PC Family can deal with, plus more (wills + estates foreclosure bankruptcy)
59
What kind of criminal matters can the KB deal with?
More serious criminal trials (murder treason kidnapping)
60
Which court has juries?
Only the KB
61
When do the accused have a right to a jury?
If the penalty of the crime is 5+ years
62
Where do you find legislation regarding right to a jury?
Charter of Rights and Freedoms Section 11(f)
63
How many jurors on a criminal trial?
12
64
How many jurors on a civil trial?
6

LEGL200 - Intro To Law (2 decks)

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