ENCS 352 Midterm 1

  1. what is the lawjQuery110105298976961707857_1506308924162
    • set of rules that apply to everyone equally and reflect societal norms
    • recognize and protect basic individual rights and freedoms
    • carry out social policies -> allow systems to be put into place for the gov't to provide (ex. insurance for unemployed, benefits for injured workers, health care)
  2. what is public law?
    • sets the rules for the relationship between the individual and society 
    • ex. criminal law, constitutional law, administrative law
  3. what does criminal law deal with?
    crime and punishment
  4. what does constitutional law deal with?
    • defines relationships between governments and various branches of government
    • limits the exercise of government power over individuals (ex. human rights and freedoms)
  5. what does administrative law deal with?
    deals with actions ad operations of government
  6. what is private law?
    • sets the rules between individuals
    • settles disputes between groups and compensates victims
  7. torts
    civil wrongs dealt with in private law
  8. common law
    • exists in past decisions, guides judges in later decision making in similar cases
    • law that isn't written down as legislation
    • flexible, adapts to changing circumstances
  9. civil law
    • civil law is based on a code that has a comprehensive statement of rules 
    • broad general principles that can deal with any dispute that arises 
    • courts in civil-law systems look at civil code first, then refer to previous decisions to check consistency
    • ex. Quebec
  10. regulations
    • carry out purposes of general law or expand on them
    • have force of law
    • departments or other organizations can be granted authority to make regulations
  11. law reform
    laws must be consistently reformed to makes sure the system of law and order meet challenges of contemporary society
  12. which acts does the Canadian Constitution include?
    Constitution Act (1867) and Constitution Act (1982)
  13. three branches of government in Canada
    • executive
    • legislative
    • judiciary
  14. executive government branch
    • Queen has executive power in Canada, but within Canada they're exercised by ministers in the house of commons
    • ministers and PM form the cabinet
    • responsible to parliament for government business and civil service
  15. legislative government branch
    • parliament
    • passes laws
  16. judiciary government branch
    • composed of judges 
    • judges are appointed
    • judges must interpret and apply the law and Constitution
    • the court system
  17. parliament can make laws for __________
    • all of canada
    • only about matters of the Constitution
  18. provincial/territorial government can make laws for ____________
    only matters concerning provinces and territories and that only apply within the provincial/territorial boundaries
  19. bijural country
    • a country that has two law systems working at the same time
    • ex. Canada, has common and civil law systems
  20. environmental law
    special body of rules which seeks to protect? manage? improve? the environment and humans' relationship with the environment
  21. rule of law (and 5 requirements)
    • checks and balances on unrestricted government power
    • a) everyone is bound by the law
    • b) no one is above the law
    • c) public powers must be authorized by law
    • d) laws must be intelligible, published, accessible
    • e) laws are enforced by an independent judiciary
  22. burden of proof for criminal justice system
    • "beyond a reasonable doubt"
    • 90% sure or more
    • to protect the accused from being wrongly accursed
  23. burden of proof for civil court/private law?
    • "balance of probabilities"
    • 50% sure or more
  24. the 3 P's you need to bring forward a lawsuit
    • Property interest
    • Personal (health) interest 
    • or
    • Pecuniary (financial) interest
  25. three questions that public interest standing needs to be answered?
    • is a serious issue being raised?
    • does the applicant have a 'genuine interest' in the litigation?
    • is the applicant in a better position to bring the action than anyone else?
  26. elements of tresspass
    • deliberate interference with property
    • no consent/permission/lawful right to be there
    • ex. discharge of sawmill dust, ash, smoke, etc + deposit of stores or fill + aerial application of pesticides
  27. elements of nuisance
    • is the plaintiff the landowner/occupant?
    • did the defendant unreasonably interfere with the plaintiff's use and enjoyment of their property?
    • are there damages?
    • ex. odour, noise, dust, litter from a waste disposal site + escape of methane gas from a waste disposal site
  28. public nuisance
    • infringement of rights enjoyed by the public in general
    • must be so widespread that no single person could reasonably be suspected to take the action/prevent it
    • the AG or MoJ can prevent the litigation from going forward -> if its a political decision
  29. elements of negligence
    • duty of care
    • standard of care
    • causation
    • damage
    • ex. failed to see through a safety check that lead to an accident
  30. elements of strict liability
    • did the defendant make a non-natural use of the land?
    • did a substance or item escape?
    • were there damages?
    • ex. escape of fire onto adjoining lands, escape of sewage
  31. provincial administrative tribunals
    ex. AER, environmental appeals alberta
  32. Court of Queen's Bench of Alberta
    • general court of AB
    • lawyers with at least 10 years at the bar
    • civil division, family law, criminal division (general divisions)
  33. Alberta Court of Appeal
    person who was unhappy with the provincial court for criminal matters or any case in the Court of Queen's Bench
  34. Supreme Court of Canada
    • usually own't take your case unless:
    • novel area of law
    • areas that go into constitutional law
  35. federal courts
    • deal with issues of federal jurisdiction
    • ex. refugee and immigrant protection act
    • indigenous issues arising under the Indian Act
  36. example of a federal administrative tribunal
    national energy board
  37. class actions
    • large number of plaintiffs impacted by the same event or set of facts
    • a representative plaintiff (one) brings one action on behalf of all affected parties
    • result of the court decision binds all involved
    • ex. volkswagen "clean" diesel emissions
  38. interventions
    • once a legal action is underway, other interested parties may want to become involved
    • often provide submissions
  39. causation
    • causation is established when the harm suffered to the plaintiff would not have occurred 'but for' the defendant's action
    • causation is established on a balance of probabilities (burden of proofs)
    • causation is often the most difficult to prove
  40. liability vs remedy
    • liability: proof of the elements of the cause of action
    • remedy: relates to compensation
  41. cases can often be divided into _____ and ______
    liability and remedy
  42. types of damages that can be claimed
    • special damages
    • general damages
    • punitive damages
  43. special damages
    compensate plaintiff for quantifiable monetary losses (ex. dollar value)
  44. general damages
    money to compensate, but no quantifiable dollar value
  45. punitive damages
    • used to punish the defendants
    • used VERY rarely in Canada
  46. injunction
    requires defendant to do something (mandatory injunction) or refrain from doing something (prohibitory injunction)
  47. declaration
    simply a finding of the court and may not provide relief to the plaintiff but may assist in further private or public action
  48. why are lawsuits expensive and risky in Canada?
    • to protect defendants from frivolous lawsuits
    • encourages alternative dispute resolution processes (ex. arbitration or mediation)
Author
hcunning
ID
334535
Card Set
ENCS 352 Midterm 1
Description
up to midterm 1 (public law)
Updated