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30 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Law comes from? |
1) Statute Law 2) Common Law |
2 types of law |
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Statute Law |
Government-made |
legislation, enactment, code, bylaws, etc. |
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Common Law |
Judge-made or precedent |
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Jurisprudence |
system of law with both Statute and Common Law |
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Judicial Tribunals (Hierarchy) |
Ottawa Supreme Court of Canada Court of Appeal Queen's Bench (Supreme Court of _________) Provincial Court Justice of the Peace (JP) |
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Justice of the Peace (JP) |
Traffic Safety Violations |
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Provincial Court deals mainly with: |
- most criminal cases - civil (up to $20,000) - preliminary hearings - quasi-criminal |
- 95% - up to $20,000 - p__________ h__________ - q_________-c___________ |
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Quasi-Criminal |
not under Criminal Code of Canada, but also not civil |
fishing without a license, speeding ticket, etc. |
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Civil Law |
cases that are individual vs. individual (plaintiff vs. defendant) |
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Who has the Onus of Proof in a Civil Law Claim? |
Plaintiff (person making the claim) |
Plaintiff or Defendant |
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Criminal Law |
State (Crown) and individual |
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Categories of Criminal Law |
1) Summary Conviction 2) Indictable Offence |
2 of them: S__________ C_________ I__________ O__________ |
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Summary Conviction |
less serious offence (provincial court only) |
theft under $5,000, causing a disturbance, joy riding, drunk driving (1st offence), dangerous driving, etc. |
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Indictable Offense |
more serious offence |
murder, theft over $5,000, armed robbery, breaking and entering, sexual assault, etc. |
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Right of Election |
in most Indictable Offences, you can choose: 1) Provincial Court 2) Queen's Bench - Alone 3) Queen's Bench - Judge and Jury |
3 choices |
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Preliminary Hearing |
1) Hear all evidence and witnesses 2) Judge decide Committal to Trial or Discharge |
2 Objectives |
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Queen's Bench deals mainly with: |
- civil above $20,000 - Family Division (Family Court) - Provincial Court Appeal (Summary Conviction) |
- more than $20,000 - F__________ D___________ - Provincial Court Appeal (__________ __________) |
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Queen's Bench - Alone |
Judge = trier of the law Judge = trier of the facts |
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Queen's Bench - Jury
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Judge = trier of the law Jury = trier of the facts |
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Family Court |
1) Marriage 2) Divorce 3) Maintenance 4) Annulment 5) Custody 6) Access 7) Matrimonial Property 8) Apprehension 9) Paternity |
9 areas: (acronym) "MDMA Can Always Make A Party" |
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Spousal Relationship (Marriage) |
2 or more persons, regardless of sex, who cohabit together continuously for at least 24 months |
2 main terms: C__________ C__________ |
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Divorce |
1) lived apart for at least 1 year 2) adultery 3) physical or mental cruelty |
3 requirements: |
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Maintenance |
Child and Spousal Support |
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Annulment |
Declaration that a marriage is null or void |
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Custody |
Who is going to be the custodial parent? (usually other spouse will get access rights) |
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Access |
Visitation rights (usually other spouse will get custody) |
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Matrimonial Property |
Family Property Act, everything in one pot |
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Apprehension |
Taking away of children that are deemed to be neglected |
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Paternity (Filiation) |
naming of father to unwed mothers
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Court of Appeal |
- Provincial Court Appeal (Indictable Offence) |
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