ENV 319 Chapter Notes -Inquisitorial System, Alternative Dispute Resolution, Precedent
28 Mar 2013
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An introduction to environmental law and policy in canada. By: p. muldoon, a. lucas, r. gibson, and p. pickfield. Civil law and common law jurisdictions (p. 33) Canadian legal system is largely based on common law, except quebec, where the civil law also applies courts. Civil law and criminal law systems (p. 35) Civil law systems deals with disputes between individuals. Standard of proof needed: criminal law suit guilty beyond a reasonable doubt, civil law suit balance of probabilities. Primary functions to apply and enforce the law, to provide a check on the use of government power, and to adjudicate on matters of rights and liabilities. Underlying theory: the truth will emerge from the conflict of opposing positions. In a civil matter the result of a court case is a judgment in favor of the plaintiff or a defendant. In a criminal matter the accused is either acquitted or found guilty of committing an offence.
