the canadian legal system

Question 1

law

Answer 1

body of rules that can be enforced by courts or government agencies
everyone is expected to know or respect the rights and responsibilities found in-laws
differ in various jurisdictions

Question 2

who makes the laws: Canada

Answer 2

Parliament of Canada

1. house of commons (members of parliament)
2. senate (senators appointed by pm)
3. represented of the queen (Governor general)

Question 3

bill

Answer 3

proposed law

Question 4

who makes the laws: Quebec

Answer 4

bills are presented, debated and voted by elected representatives in the national assemble
representative of the queen must approve laws

Question 5

types of laws: civil

Answer 5

relationships between people and deal with everyday issues

contracts or disputes between people and companies

Question 6

civil trial

Answer 6

a person or corp brings another person or corp to trial

Question 7

types of laws: criminal

Answer 7

list and define events that are considered crimes (punishments)

Question 8

criminal trial

Answer 8

government brings a person or corp for serious offences to trial

• penal for less serious offences
• prosecuted by criminal and penal attorneys

Question 9

civil cases

Answer 9

seeks settlement through the courts

civil responsibility case: the plaintiff may demand compensation for damages

Question 10

civil cases: small claims court

Answer 10

to address the less important cases involving small amounts of money

• anyone may address the small claims division of the court of québec
• individuals must represent themselves
• fewer regulations
• under 15,000$

Question 11

civil cases: a class-action lawsuit

Answer 11

allows many plaintiffs to band together to begin proceedings against someone

• can take several years
• might automatically be incorporated as a plaintiff if you had any dealings with the party being sued

Question 12

civil cases: who pays

Answer 12

all parties assume all expenses to take the matter to court (legal fees, lawyers, etc.)
the party loses the case pays the fees related to the court case itself (expert fees, admin fees, etc.)
if the plaintiff’s case was deemed abusive or frivolous, the judge may impose the reimbursement of parts or all lawyer expenses

Question 13

civil cases: burden of the proof in a civil case

Answer 13

rests with the plaintiff who must prove that the other made an error, was responsible or negligent
- doesn’t need to prove beyond doubt

Question 14

criminal cases

Answer 14

the government (not the victim) acts as the prosecution in a case against a person or corp accused of a serious criminal offence

• gov. represented by criminal/penal attorneys
• defence represented by defence lawyers

Question 15

ignorance of law

Answer 15

no one may claim innocence because they were unaware of the law

• the responsibility of corps and people to know and understand laws
• use of legal counsel

Question 16

Quebec court system: the authority of jurisdictions (3)

Answer 16

the jurisdiction of each court is determined by law based on: the nature of the case, geographical location and the amount of money in dispute
- verdicts given by lower courts may be appealed

Question 17

Quebec court system: smaller courts

Answer 17

small claims court: small amounts (<15,000$) and judge decisions are final
municipal court: address municipal matters

Question 18

Quebec court system: courts of Quebec

Answer 18

civil division: < 85,000$ and address appeals from other special courts
penal division: no juries and state brings matters to court
youth division: dealing with people under 18

Question 19

Quebec court system: superior courts of Quebec

Answer 19

civil division: < 70,000$ (ex,: class-action, bankruptcy, etc.)
criminal: serious criminal offences will be tried immediately at the superior court and before a jury

Question 20

Quebec court system: appeals courts

Answer 20

court of appeals of Quebec: highest court of Quebec and permission to access given by a judge
supreme court of Canada: highest court of Canada, 9 appointed judges and decision is final

Question 21

jury duty

Answer 21

opportunity and a duty to render justice in certain judicial cases
Canada: few cases are held in front of a jury

Question 22

jury duty: jurors

Answer 22

18
canadian citizens
some people can’t serve (lawyers, judges, police, etc.)
selected at random from an electoral list
ignoring a summon to appear is a penal offence
some people may ask to be exempt for valid reasons

Question 23

jury duty: how it works

Answer 23

twelve citizens are called
after deliberation, they render a unanimous verdict
if the jury finds the defendant guilty, the judge will determine the sentencing

Question 24

jury duty: pay

Answer 24

an employer can’t dismiss or suspend an employee for serving on a jury
- not forced to pay an employee for serving
jurors may return home after hearings, but once the jury retires for deliberation they are secluded in a hotel until they reach a verdict

Question 25

public-law

Answer 25

sets the rules for the relationship between the individual and society - criminal law: crimes and punishments - constitutional law: defines the relationship between various branches of government and between the federal and provincial government - admin law: deals with the actions and operations of government

Question 26

private law

Answer 26

sets the rule between individuals civil law settles private disputes among groups of people and compensates victims

Question 27

common-law and civil code law: history

Answer 27

English and french systems from the 17th and 18th centuries after the battle of Quebec in 1759, the country fell under English common law, except for Quebec, which follows civil law

Question 28

common-law

Answer 28

the law that is not written down as legislation judge-made and evolved into a system of rules based on precedents (stare decisis) guides judges in making later decisions in similar cases can't be found in any code or body of legislation, but only in past decisions flexible: adapts to changing circumstances

Question 29

civil code law

Answer 29

civil codes contain a comprehensive statement of rules general principles to deal with any dispute that may arise = first look to a civil code -> refer to previous decisions -> see if they're consistent

Question 30

Quebec civil code

Answer 30

inspired by the 1804 Napoleon code civil code of Lower Canada (1866) four books: persons, property and its different modifications, acquisition and exercise of rights of property, and commercial law new civil code of Quebec came into force on Feb 1, 1994

Question 31

new Quebec civil code (10 books)

Answer 31

1. persons (individual rights, residence rules and privacy) 2. the family (marriage, parentage and adoption) 3. successions (wills, inheritance and estates) 4. property (possession, land boundaries and right-of-way) 5. obligations (contract law, tort law, sales and leasing) 6. hypothecs (mortgages and the sale of land) 7. evidence (burden of proof) 8. prescription (statutes of limitations) 9. publication of rights (registration of property) 10. private international law (governs the resolution of legal issues involving persons outside of Canada)

Question 32

mix of systems

Answer 32

civil code law doesn't preclude judgments that may affect legislation

Question 33

negotiation

Answer 33

parties discuss the problem with each other in order to find a solution requires cooperation and compromise may use the services of a representative leave fewer hard feelings agreement reached may not be legally binding

Question 34

mediation

Answer 34

this method involves the use of a neutral third party to settle the dispute get the opposing sides to find common ground and agree on some concessions the court may force the parties to use a mediator before reaching the courts the court may be called upon to approve or disapprove any mediated resolution

Question 35

arbitration

Answer 35

parties agree on an independent third party to make a decision that will be binding required in contract and mandated in collective bargaining arbitrators are usually specialists in the matter under dispute must agree that the arbitrator's decision cannot be appealed the procedure may be reviewed by the court

Question 36

pros (6)

Answer 36

``` maintain control of the solution determine the schedule and the process cost less remain private preserves goodwill win-win ```

Question 37

cons (5)

Answer 37

``` more power to extract info decisions do not follow precedent agreements may not be enforceable inappropriate when power imbalance no public record of dispute or decision ```