Test 1

Question 1

What is legal alliance

Answer 1

Abiding by the law

Question 2

What is ethical behaviour

Answer 2

Behaving in such a way that is morally correct

Question 3

Legal alliance vs ethical behaviour.

Give an example

Answer 3

Something may be ethically wrong but not illegal

Example adultery

Question 4

Substantive laws definition

Answer 4

Behavioural law. Example don’t speed

Question 5

What is procedural law

Answer 5

Processes involved in enforcing the law.

Example how do you use evidence

Question 6

What is private law

Answer 6

Also known as civil law it is the break in contract between two people or institutions. Where there is a plaintiff and defendant

Question 7

What is public law

Answer 7

Involves government and the public

Question 8

What is domestic law

Answer 8

Applies to the interaction between people in Canada or bc

Question 9

What is international law

Answer 9

Relations between nations

Question 10

What is a plaintiff

Answer 10

The person doing the suing

Question 11

What is a defendant

Answer 11

The person being sued

Question 12

What is an appellant

Answer 12

The party that is dissatisfied with the courts decision and appeals to a higher court

Question 13

Respondent

Answer 13

The person opposing the appeal and being accused is brought to court

Question 14

Applicant

Answer 14

The party bringing the matter to the judge

Question 15

What are 3 sources of law?

Answer 15

1. Law of equity
2. Common law
3. Statutes

Question 16

When is law of equity envoked

Answer 16

When law feels black and white and unfair

Question 17

What is common law

Answer 17

It is case law decision based, common among all people

Question 18

What does stare decisis mean

Answer 18

The Latino works for the system of law that follows case law

Question 19

What are the elements of a case brief

Answer 19

Parties
Facts
History of the action
Issues
Decision
Reasons
Ratio

Question 20

In a case brief what do parties refer to

Answer 20

Distinguishes who is involved in the case like who is the defendant and plaintiff

Question 21

In a case brief what do facts refer o

Answer 21

Facts are a brief description of what happened to bring the parties to court

Question 22

In a case brief what is the history of action referring to

Answer 22

This list the various courts that have dealt with the matter and the decisions at each hearing or level

Question 23

In a case brief what are the issues referring to

Answer 23

These are the legal questions that the courts must consider to decide the case

Question 24

In a case brief what is ‘decision’ referring to?

Answer 24

This is the courts decision

Question 25

In a case brief what are 'reasons' recferring to?

Answer 25

This is a summary of the reasons for the decision and is usually a responses to the issues raised

Question 26

In a case brief what does 'ratio' refer to?

Answer 26

The legal principle established by the case but only included when it will be binding on other courts

Question 27

What is parliamentary supremacy

Answer 27

Legislation that is generally more powerful than case law. Example: if there is a conflict then legislation would overrule

Question 28

Paramountcy

Answer 28

Is where federal legislation succeeds provincial legislation

Question 29

What are the steps in making statutory law

Answer 29

``` Intro of bill Debate Approval 1st reading in senate 2nd reading in senate - may have witnesses involved 3rd reading (passage) in senate-changes made and approval after debate and changes Royal assent by Governor General Statute law ```

Question 30

What is an act/statute (legislation)

Answer 30

Broad layout of rules but can state regulations which are more detailed

Question 31

What is the litigation process

Answer 31

1. Plaintiff files writ of summons with the court and serves it to the defendant. Now called civil claim 2. Defendant files an appearance with the court registry 3.plaintiff then issues a statement of claim identifying issues of the allaegations 4. Defendant responds with a statement of defence or counterclaim 5. Discovery process in two stages A) documents held by each side are allowed to be looked at by the opposing side so nothing is surprised in trial B) each party undergoes examination by the other sides lawyer under oath so this produces statements that can be used in trial 6. Mediation where parties are encouraged to settle 7. Trial

Question 32

What is the limitation period?

Answer 32

The plaintiff has 2 years to bring action

Question 33

What is jurisdiction

Answer 33

Where you are going to sue someone

Question 34

What does standing mean

Answer 34

Means that the person doing the suing must be able to show that their rights have been affected in some way by the offending conduct

Question 35

What are pleadings

Answer 35

The exchange of documents between plaintiff and defendant at the early stage of a civil action

Question 36

What's an affidavits

Answer 36

Written documents containing statements of witnesses made under oath

Question 37

What happens at trial

Answer 37

1. The plaintiff goes first, then the defendant. 2. Direct exam is when the plaintiffs lawyers gives a statement for the plaintiff and then calls witnesses to the stand and respond to questions from plaintiffs lawyer. No leading questions. 3. Cross examination done by other lawyer with broader questions No hearsay evkdenxe allowed because no proof

Question 38

What are standards of proof

Answer 38

In civil law it is the balance of probabilities. More likely ones stories are more true than others 51% - 49% Criminal law is beyond a reasonable doubt feeling 100% they did it

Question 39

What is liability

Answer 39

The party responsible for an action bears an obligation to provide some remedy to the other party

Question 40

What are some remedies?

Answer 40

1. Damages which are monetary losses suffered 2. Special damages are medical bills and out of pocket expenses(expenses that can be accurately calculated) 3. General damages pain and suffering, loss of future wages 4. aggravated damages are mental stress related caused by aggravation 5. Punitive damages is where the conduct complained of was deliberate and is ordered to punish the wrong doer rather than simply to compensate the victim. Rare 6. Injunction an order to stop the offending conduct. Mareva where they freeze assets. Anton pillar where documents are searched and seized 7. Specific performance where one party must fulfill the terms of an agreement 8. Accounting where the defendant must pay over any profits they made off of the misconduct