1.0 INTRO LAW Flashcards
Canadian constitution 3 features
- Division of powers between federal and provincial/territorial governments
- Creation of the courts
- Charter of rights and freedoms
COMMON LAW
Rules established by previous court decisions
Law is DYNAMIC
Civil law
Is codified or statute based
Based on napoleons code
Civil litigation: court proceedings between two parties that are adverse interest
Private law
Relates to definition, regulation, enforcement of rights amounts individuals
Generally within provincial jurisdiction
Public law
Relates to public as whole, such as constitutional law, administrative law (admin agencies of gov like rule making, enforcement), criminal law (crimes and penalties), and international law (NAFTA, tax treaties to minimize double taxation)
Case law
Created by judges to create legal principles and interpret statutes. Past cases are looked at to predict/decide outcome of current cases.
As law changes past because less applicable
Beware of cases being appealed
All relevant cases must be considered (in favour and not)
Constitutional framework (division of powers)
British North America Act (now Constitutional Act 1967) provides fed and prov powers
Section 91 provides jurisdiction to fed gov(eg. Criminal, international law)
92 prov gov (eg. Property and civil rights, APEGS)
Charter of rights and freedoms
codifies individual rights as relates to GOVERNMENT ACTION including APEGS, does NOT apply to intersections between private parties
Court system
- Supreme Court of Canada
- Federal courts (federal court and federal court of appeal and text court of Canada)
- Superior level court and court of appeal (court of queens bench and court of appeal)
- SK Provincial court (small claims court)
Courts are BOUND by precedent (decisions) set by higher level of court
Decisions from other provinces/territories or countries may be PERSUASIVE but not binding
