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Midterm

Midterm Notes.docx

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Department
Law
Course
Law 2101
Professor
Prof
Semester
Winter

Description
Haley Mann September 13, 2009 Case Names  A case name is referred to as a ‘style of cause’ Civil Case  Smith v. Jones o SmithPlaintiff o JonesDefendant o The ‘v.’ in the name is pronounced ‘and’  Case pronounced ‘Smith and Jones’  PlaintiffPerson suing the other  DefendantDefending against the suit Criminal Case  R v. Jones o RThe Crown  Also known as ‘The Queen’ or ‘District Attorney’ o JonesAccused  This case would be pronounced ‘The Queen and Jones’ or ‘The Queen Against Jones’ Appeal  Smith v. Jones o SmithAppellant o JonesRespondent  AppellantThe individual appealing the decision o The appellant’s name always comes first in an appeal case  If this case were to appeal again, the style of cause would stay the same o In order for people to keep track of the rulings Divisions of Law  Substantive vs. Procedural o Substantive LawGenerally laws dictating what rights people have o Procedural LawLaws dictating how rights can be enforced  Public vs. Private o Public LawRules relating to the relationship between the individual and society or between governments o Private LawRules relating to the relationship between private individuals  Civil vs. Criminal o Civil LawPrivate lawsuit between individuals o Criminal LawProsecution by the government to enforce a public law  Civil law vs. Common Law o Civil LawCan also refer to the private law system operating in Quebec based on the Civil Code, which contains a fairly comprehensive statement of rules  In the rest of Canada, the private law system relies on past rulings
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