Unit One ( Chapter One-Four)
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| What is the goal of the Canadian Legal System? | To govern the branches of government ( Executive, judicial and legislative)
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| What does the legislative branch do? | Passes bills, statue law, and power to enact laws. ( Three different jurisdictions)
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| What does the executive branch do? | Generates and implements government policy, such as: Formal ( Ceremonies), Political ( Day to day operations) and the cabinet
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| What does the judicial branch do? | Create precedents, solve disputes, judges and courts
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| What are the different courts in the system of courts? (5) | Supreme Court of Canada ( Last appeal)
Federal Court of Canada ( Litigation with federal gov)
Inferior court ( Provincial)
Small Claims Court (Limit of $25,000)
Superior Court
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| What are the sources of law? | The main two are common law ( Precedents) and statue law ( Legislative), the other is the royal prerogative
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| What are the classifications of law? | Domestic law, international law, substantive law, procedural law, private and public, common law, civil law, and administrative law.
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| What are the steps to creating a LRM? ( Legal Risk Management Plan) | Step One: Identify the Legal Risks, Step Two: Evaluate the risks, Step Three: Devise a legal risk management plan and Step Four: Implement the plan
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| What does "ADR" stand for? | Alternative Dispute Resolution
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| What are the stages of a lawsuit? | Pleadings, claim ( Plaintiff), defense, counterclaim, discover ( closing evidence), trial, burden of proof, evidence, decisions, cost
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| What is the rule of law? | No one is above the law
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| What is the role of judges? | Interpret the law, create precedents and give fair hearing.
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| What does the Canadian Charter of Rights protect us from? | Fundamental freedoms ( Freedom of conscious, religion, thought, belief, opinion, peaceful assembly, and association) and equality rights.
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| What does section one of the Charter of Rights state? | Our rights are guaranteed but are they obsolete? ( With rights comes responsibilities)
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| What are the methods of ADR? | Mediation, Arbitration and litigation
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| What is mediation? | Third neutral party gives input on situation ( Not binding)
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| What is arbitration? | Third neutral party makes decision ( Binding)
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| What is litigation? | Suing
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| What does the Canadian Charter of Rights form part of? | The Constitution Act of 1982
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| What is the burden of proof and who is responsible for it? | The plaintiff, and it is the balance of probabiltiies
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| What are the types of offenses in criminal law? | Indictable ( Serious like murder)
Summary ( Minor)
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| What is public law? | Criminal and constitutional law
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| What is private law? | Torts, contracts,and property
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| What is a plaintiff? | The one who initiates the suing or other known as the victim
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