Final Review Part IGovernment and JudiciaryDispute ResolutionLaw of ContractLaw of Torts
Government and JudiciaryConstitution Act of 1867Powers under s. 91 and 92(property and civil rights)Charter of Rights and FreedomsProtection from discrimination by governmentExamples of Protection (freedom of speech, freedom of religion…)Limitations(one limitation is in section 1)
Government and JudiciaryDefinitionsJurisdiction – power to make a law in a specific area gets its power from section 1 and 92 Concurrent jurisdiction ( ex. environmental law) / Doctrine of ParamountcyCommon law- precedent (precedent works that lower courts must follow the higher court)Statute lawCivil law- code covers private disputes between individuals (Quebec has civil law, it is based on French Napolenic Code)Limitation period ( after who much time of the even you can fill a lawsuit, we have this so evidence is not lost,…) the act that sets out limitation period in alberta is called the limitatins act of albertaFor a civil action the general limitation is 2 years and the ultimate is 10 years
Dispute resolutionadvantages and disadvantagesNegotiation – when two parties come to an agreement by themselvesMediation – when a neutral person helps them discuss the solution . Mediator never propses a solutions, parties have to)Arbitration – artibator propes the solutionLitigationAppropriate court Court of Queens Bench – serious criminal offenses and civil actions over $25,000 damagesProvincial Court- Criminal Division- less serious criminal offenses
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