BLAW Flashcards
Constitutional Law
the supreme law of Canada that constrains and controls how the branches of government exercise power
Canadian Legal System
the machinery that comprises and governs the legislative, executive and judicial branches of government
Constitutional Conventions
important rules that are not enforceable by a court of law but that practically determine how a given power is exercised by the government
Legislative branch
the branch of government that creates statute law
statute law
formal, written laws created or enacted by the legislative branch of government
Jurisdiction
the power that a given level of gov’t has to enact laws
exclusive jurisdiction
jurisdiction that one level of gov’t holds exclusively on its own
concurrent jurisdiction
jurisdiction that is shared between levels of gov’t
Paramountcy
a doctrine that provides that federal laws prevail when there are conflicting or inconsistent federal and provincial laws.
Ratify
to authorize or approve
Treaty
an agreement between two or more states that is governed by international law
bylaws
laws made by municipal gov’t.
formal executive
queen, lg, gg.Responsible for ceremonial features of gov’t
political executive
responsible for day 2 day running of operations. formulating and executing gov’t policy, as well as administering all departments of gov’t
cabinet
made up of the PM, P and cabinet ministers
regulations
rules created by the political executive that have the force of law
judiciary
a collective reference to judges
judges
appointed federally or provincially to adjudicate on a variety of disputes as well as preside over criminal proceedings
inferior court
a court with limited financial jurisdiction whose judges are appointed by the provincial gov’t
small claims court
a court that deals with claims up to $50,000.
superior court
a court with unlimited financial jurisdiction whose judges are appointed federally
supreme court of canada
the final court of appeals in the country
federal court of canada
court that deals with some types of litigation involving federal gov’t.
Canadian Charter of Rights and Freedoms
a guarantee of specific rights and freedoms enshrined in the constitution and enforceable by the judiciary
bill
a proposed legislation
royal prerogative
historical rights and privileges of the crown, including the right to conduct foreign affairs and to declare war
common law
judge-made law
precedent
an earlier case used to resolve a current case my its similarity
equity
rules that focus on what would be fair given the specific circumstances of the case, as opposed to what the strict rules of common law might dictate
Domestic Law
the internal law of a given country, which includes both statute and case law
International Law
law that governs relations between states and other entities with international legal status
Substantive law
law that defines rights, obligations and duties
Procedural Law
law that governs the procedure to enforce ROD
Public law
areas of law that relate to or regulate the relationship between persons and the gov’t at all levels ie: Criminal, Tax, constitutional, administrative
Private law
areas of law that concern dealings between persons ie: contract, tort, property and company
Civil code of Law
Quebec’s private law - don’t need to use precendent. Neopolian beginning.
Administrative law
rules created and applied by those having governmental powers. Rules created by various boards, agencies commissions and tribunals.
ADR
alternative dispute resolution. A range of options for resolving disputes as an alternative to litigation
Negotiation
a process of deliberation and discussion intended to reach a mutually acceptable resolution to a dispute
Mediator
a person who helps the parties resolve their dispute
Arbitrator
a person who listens to the parties to a dispute and makes a ruling that is usually binding on the parties
Binding
final and enforceable
Limitation Period
the time period specified by legislation for commencing legal action
class action
a lawsuit launched by one person who represents a class of person’s having similar claims against the same defendant
Pleadings
the formal documents concerning the basis for a lawsuit
claim
the formal document that initiates litigation by setting out the PL.s allegations against the Def.
defence
the Def’s formal response to the Pl’s allegations
counterclaim
a claim by the Def, against the Pl.
discovery
the process of disclosing evidence to support to claims in a lawsuit
Trial
a formal hearing before a judge that results in a binding decision
Burden of Proof
the obligation of the Pl. to prove its case
Evidence
proof presented in court to support a claim
Decision
the judgement of the court that specifies which party is successful and why
costs
legal expenses that a judger orders the loser to pay the winner
Judgment debtor
the party ordered by the court to pay a specified amount to the winner of the lawsuit
Appeal
the process of arguing to a higher court that a court decision is wrong
Apellant
the party who begins or files the appeal
respondent
the party against whom an appeal is filed
Contingency Fee
a fee based on a % of the judgement awarded, and paid by the client to the lawyer only if the action is successful
Tort
a harm caused by one person to another, other than through breach of contract, and for which the law provides a remedy
trespass to land
wrongful interference with someone’s possession of land
deceit or fraud
a false representation intentionally or recklessly made by one person to another that causes damage
negligence
unreasonable conduct including a careless act or omission, that causes harm to another.
Tort-feasor
person who commits a tort
Intentional tort
a harmful act that is committed on purpose
assualt
the threat of imminent physical harm
Battery
intentional infliction of harmful or offensive physical contact
Vicarious liability
liability an employer has for the acts of its employees
joint tort feasor
two or more people whom a court has held to be jointly responsible for the Pl’s loss or injuries
Contributory negligence
a defence claiming that the Pl is at least partially responsible for the harm that has occured
Non-pecuniary damages
compensation for pain and suffering, loss of enjoyment of life, loss of life expectancy
Pecuniary damages
Monetary compensation for out of pocket expenses, loss of future income and cost of future care
Punitive damages
an award to the Pl to punish the Def for malicious, oppressive, and high-handed conduct
Aggravated damages
compensation for intangible injuries such as distress and humiliation caused by the Def’s reprehensible conduct
Reasonable care
the care a reasonable person would exhibit in a similar situation
Duty of Care
responsibility owed to avoid carelessness that causes harm to others
Neighbour
anyone who might reasonably be affected by the Def’s conduct
Prima facie
at first sight or on first appearances
Reasonable person
the standard used to judge whether a person’s conduct in a particular situation is negligent
causation
the relationship that exists between the def’s conduct and the Pl’s loss or injury
Remoteness of damage
the absence of a sufficiently close relationship between the Def’s action and the Pl’s injury
Thin skull rule
Def is liable for the full extent of the Pl’s injury even if there was a prior vulnerability of the Pl’s that makes the harm much more serious than it otherwise would have been
Voluntary assumption of risk
the defence that no liability exists as the pl agreed to accept the risks and legal ramifications of the activity
Negligent misstatement or negligent misrepresentation
an incorrect statement made carelessly
professional
someone engaged in an occupation requiring the exercise of special knowledge, education and skill
Product liability
liability relating to the design, manufacture, or sale of the product
Strict liability
the principle that liability will be imposed irrespective of proof of negligence
