Midterm 2

Question 1

Court & Judicial Systems
What are their structures?
What are their functions?

Answer 1

Structure of formal legal tribunals in a society
functions : dispute resolution

Question 2

Canada court system
2 Meanings of Civil law

Answer 2

1) Codified
- Civil
2) Private

Question 3

What is administrative law?

Question 4

What is Judicial review
2 meanings

Answer 4

legislation
Decisions of administrative bodies

Question 5

What is the jurisdiction of Military Courts

Answer 5

they have lower jurisdiction

Question 6

What power appoints lower courts in Canada?

Answer 6

Lower courts are the only ones that aren’t appointed by federal government, rather appointed by provincial

Question 7

What appoints higher courts of canada?

Answer 7

Higher courts are all appointed by federal government

Question 8

R v Genereux importance

Answer 8

Constitutionality of military courts

Question 9

Provincial and territorial courts
4 divisions
Y F C C

Answer 9

Youth, family, civil (small) claims, criminal division

Question 10

Superior Court of Provinces

2 grounds to appeal

Answer 10

Question of Law, question of fact

Question 11

Federal Court of Canada
2 divisions
TA

Answer 11

Trial Division
Appeal Division

Question 12

Supreme Court
How are they appointed?
How many cases make it?
How many justices?
How many from each province?
What does the supreme court do?
What are they bound by?

Answer 12

Very few cases make it to the supreme court
Appointed by prime minister
8 justices and 1 chief justice
3 from Quebec and Ontario, 2 from western, 1 from Atlantic
Hear both common and civil law cases
Bound by legislation

Question 13

What is alternative dispute resolution in Canada?
NMC
Who judges these cases?
Three main areas it oversees
FYI

Answer 13

Negotiation, mediation, conciliation
A non-judicial officer
Oversees family, youth and indigenous law

Question 14

What is restorative law?
What is needed for a case to appear here?

Answer 14

Needs consent form the victim and the accused to take responsibility
It is for restoring relations within a society with lesser punishments

Question 15

What is section 718.2 subsection e?
What principles does it embed and where?
What does it require

Answer 15

It is for the overrepresentation in the prison systems of indigenous peoples
Embeds principles of restorative justice, and requires considerations from all available sections other than imprisonment

Question 16

What is R v Gladue?

Answer 16

The first real test on 718.2 b, where they had previously only taken this ection into account on the reserve, but not it applies to every location

Question 17

Vren vs alberta is about

Answer 17

Legal rights based on sexual orientation

Question 18

What is legal positivism?

Answer 18

What is right is what is lawful, law is as is rather than as it should be

Question 19

What is legal realism?

Answer 19

focuses on the understanding of legal outcomes, sees law as part of political, economic and social contexts

Question 20

What is nationalism?

Answer 20

Having great pride for your nation/country

Question 21

What is a summary offense, who handles it?

Answer 21

It is a misdemeanor, the lower courts handle it

Question 22

What is a indictable offense, who handles it?

Answer 22

A serious offense, can include prison time
Superior courts handle it

Question 23

What case places the reverse onus on the defendant?

Answer 23

R v Oakes, drug possession

Question 24

What is civil law?
What are two aspects?

Answer 24

Law that does not involve government
Private and codified

Question 25

What is the difference between a solicitor and a litigator ?

Answer 25

solicitor is contracts and transactions, litigators are in court for legal representation

Question 26

Main difference between the Canadian bar association and the Federation of law societies

Answer 26

CBA is not a regulatory body, FLS is a regulatory body

Question 27

What is the most current code of conduct in Canada?

Answer 27

The Model code of professional conduct

Question 28

What is important about disbarment

Answer 28

Not a regulatory body

Question 29

Canadian Judicial council What do they do? How many members, chaired by whom?

Answer 29

Oversees conduct of Canada's federal judges Consists of 44 members chaired by chief justice of Canada

Question 30

Statutory interpretation Judges are expected to interpret ambiguous legislative statutes in terms of their i) wording s___ ii) __ of act iii) ___ of act Are we closer to British or US judicial interpretation? What is the difference between the two? Three rules for statutory interpretation all justices much follow no matter where i) p__ ___ rule ii) g___ rule - ____ first rule iii) m____ rule - in terms of ___ - also ___ first rule

Answer 30

i) wording schemes, ii) object of the act iii) intent of the act Closer to US, British Parliamentary supremacy UK, judicial review in the US i) plain meaning rule - have to read directly, no veering off the letter of the law ii) golden rule - softens first rule iii) mischief rule - in terms of intent

Question 31

What is Boris vs Scott

Answer 31

Pertaining to mischief rule of statutory interpretation

Question 32

What is judicial activism?

Answer 32

a term used to characterize more active judicial interpretation of legislation