Canadian Law Module 3 Quiz

Questions and Answers

What role does the mediator play in the mediation process?

The mediator represents one party in the negotiation.

The mediator ensures all parties are heard and maintains a respectful discussion. (correct)

The mediator dictates the terms of the agreement.

The mediator makes a binding decision for the parties.

Which statement is true regarding the arbitrator in arbitration?

The arbitrator should be a neutral, independent expert relevant to the dispute. (correct)

The arbitrator must be a licensed attorney.

The arbitrator leads the parties in detailed negotiations.

The arbitrator's decision is non-binding unless agreed otherwise.

Which of the following is a benefit of using alternate dispute resolution (ADR)?

ADR guarantees a legally enforceable outcome.

ADR is always conducted in a public forum.

ADR can often be completed more quickly than traditional litigation. (correct)

ADR eliminates the need for any form of negotiation.

What is a key characteristic of the arbitration process?

All parties must agree to the arbitration terms beforehand, including binding decisions. Signup and view all the answers

How can coaching be utilized by parties during an ADR process?

Parties may receive coaching from friends or experts, but discussions are their own. Signup and view all the answers

What is one of the core designs of ADR methods?

To ensure respect for all parties involved. Signup and view all the answers

In what situation would a party most likely choose mediation over arbitration?

When they value collaborative discussions to reach an agreement. Signup and view all the answers

Which aspect differentiates arbitration from mediation?

In arbitration, the arbitrator makes a decision that is binding on the parties. Signup and view all the answers

Which statement best describes the cost aspect of ADR?

ADR costs can vary but are generally lower than traditional court procedures. Signup and view all the answers

What is a potential disadvantage of mediation?

Not all parties may feel their interests are equally represented. Signup and view all the answers

Study Notes

Overview of Canadian Law Sources

Statute law fills gaps in common law and equity or replaces common law decisions.
Created through a specific process defined by Canada's Constitution, provinces follow a similar enactment process.
Common law, originating from British legal tradition, relies on precedents set by royal court decisions.

Principles of Equity and Administrative Law

Equity emerged from direct appeals to the monarch for dispute resolution, evolving into principles guiding decisions outside common law.
Administrative law comprises regulations enabling implementation of large-scale laws by designated regulatory bodies.
Military Courts operate under the federal National Defence Act, handling breaches of military conduct.

Structure of the Court System in Canada

Provincial Courts of Appeals serve as the highest provincial courts, hearing civil and criminal appeals from Superior Courts.
Provincial Superior Courts deal with serious civil/criminal cases and can grant divorces, with varying names across provinces.
Most criminal, family, and small claims cases are managed by Provincial Courts, which also conduct preliminary inquiries for serious crimes.

Distinction between Criminal and Civil Cases

Criminal cases involve acts injurious to society and are initiated by the State against an individual termed the accused.
Civil cases arise between individuals or parties, typically applying statute law; common law provides some defenses.
The Criminal Code of Canada encompasses most criminal offenses, while remedies in civil cases include specific performance and injunctions.

Appellate Process

Appeals involve reviewing trial verdicts or sentences to potentially alter the court's decision, ensuring legal safeguards.

Alternate Dispute Resolution (ADR) Methods

ADR resolves disputes privately, outside of traditional civil litigation, promoting efficiency and respect among parties.
Key ADR methods include:
- Negotiation: Disputants independently address their issues with possible external coaching.
- Mediation: Involves a neutral mediator facilitating discussions between conflict parties to achieve consensus.
- Arbitration: An independent arbitrator, often a specialist, resolves disputes, and parties bind themselves to the arbitrator’s decision.

Benefits of ADR

Generally faster and more cost-effective than litigation.
Designed to respect all parties involved, fostering a cooperative resolution environment.

Description

Test your knowledge on the sources of Canadian law, particularly focusing on statute law and its relationship with common law and equity. This quiz covers the key principles and processes involved in the creation of statute law as outlined in Canadian Law Module 3.