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14 Cards in this Set
- Front
- Back
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What is the difference between criminal law vs civil law |
Criminal law refers to criminal offences, crime, murder etc Civil law refers non-criminal offences, traffic violations etc |
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What is the difference between civil law vs common law |
Most of North America is a common law jurisdiction, where judges make laws |
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What are the broad steps for litigations? |
1) Pleadings 2) Discovery 3) Trial 4) Appeals |
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Describe the general steps involved with in pleadings |
1) Plaintiff sets a statement of claim (why they are suing defendant) 2) Defendant receives statement of claim (to know what they're being sued for) 3) Defendant files a statement of defence 4) Plaintiff files response to defense 5) Defendant may file another statement of defence or counterclaim |
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What are the general steps for a trial? |
1) Plaintiff and defendant make opening statements 2) Examinations take place 3) Then possible cross examinations take place 4) Possible re-exam or re cross-exam 5) Closing arguments 6) Decision from judge |
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What is hierarchy of courts in Canada, starting at the bottom? |
1) Provincial court of Alberta 2) Queens Bench 3) Court of Appeal 4) Supreme Court of Canada |
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What does an appeal aim to do? |
An appeal is granted on questions of LAW No evidence is heard Used to confirm whether or not a judge at a lower level made the right decision or not |
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Define Ratio Decidendi |
Ratio Decidendi translates to "rational for the decision" it is the points/facts in the case that determines the judgement made |
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Define Stare Decisis |
Are the legal principles of determining points in case |
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Define Obiter Dicta |
A judges opinion about a case which is not essential to the decision, but may be persuasive and useful in future cases |
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What are the four main issues regarding contracts? |
1) Creation (whether or not a contract was actually made) 2) Construction (what did the contract say?) 3) Breach/performance (was the contract performed or not?) 4) Remedy (what should be the compensation for the victim?) |
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What are the general requirements needed for contract creation? |
1) Intention 2) Consensus (i.e. offer & acceptance) 3) Terms of contract must be certain or ascertainable 4) Must be consideration (ether bilateral or unitlateral) 5) Capacity of parties to understand contract 6) Genuine consent |
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Define bilateral and unilateral contracts |
Bilateral: an agreement made between two parties where each offer to do something of value for the other, in return for getting something of value from each other Unilateral: Offer of a promise to do something for another party if they do something for you - kid shoveling your walk -reward for lost dog -*offeree not bound by anything |
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What is the test to distinguish if something is an offer or invitation to treat? |
Must look at the INTENTION of author which is done by looking at their LANGUAGE and the CIRCUMSTANCE |
