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HOSP. LAW > CH. 1 > Flashcards

CH. 1 Flashcards

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Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

Man-made laws that have authority to enact & enforce it.

A

Positive Law

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2
Q

Laws based/ are justifiable on moral, religious or philosophical grounds.

A

Natural Law

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3
Q

The theory that the law is whatever the judges will enforce.

A

Legal Realism

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4
Q

Criminal vs. Civil law

A

Criminal law- enacted and enforced to protect the political security of the state and the personal security of citizens
civil law- all the other laws/ non- criminal resolution of disputes

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5
Q

when does federal legislation become law?

A

Federal legislation cannot become law until it has been passed by both the House of Commons and the Senate and proclaimed into force by the governor general.

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6
Q

Diff. b/w substantive & procedural law

A

Substantive law -defines the rights and remedies

procedural law - procedures through which substantive rights are protected.

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7
Q

Players in the legal system

A 
Legislators
judges
jurors
lawyers
clients
police
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8
Q

Someone who certifies documents, but does not draft documents.

A

Notary in BC

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9
Q

What are section 91 and section 92 of the BNA (British North America) Act define?

A

Sec 91 – powers of the federal government.

Sec 92 – powers of the provincial governments.

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10
Q

What type of cases does the Supreme Court of Canada preside over?

A

Jurisdiction to hear all criminal, civil and constitutional cases of significant public interest.

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11
Q

What type of cases does the Federal Court of Canada preside over?

A

Jurisdiction to hear: eg: cases on patents, copyright, trademark, aeronautics, maritime law, inter provincial and federal-provincial disputes.

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12
Q

1 level of gov’t passes a law within the realm of responsibility covered by another lvl of gov’t.

A

ultra vires

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13
Q

When the realm of responsibility between federal and provincial governments overlaps, who reigns supreme?

A

Federal government

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14
Q

The accumulated body of decisions made by the judges appointed by King Henry II.

A

Common Law

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15
Q

If ppl felt they were mistreated by common law judges, they could appeal directly to King.

  • Court of Chancery set up by King to encourage justice on equitable basis
  • body of decisions made by judges in this court
A

Equity Law

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16
Q

What happened to common law & equity law

A

merged (if conflicted, the law of equity should prevail)

17
Q

Why would we want Stare Decisis, rather than have each case decided individually?

A
  • make law reasonably predictable & constant + avoid unnecessary appeals resulting from courts of (=)/ lower stature
18
Q

5 stages of civil action

A

Pleadings, Discoveries, Pretrial&/Mediation, Trial &Appeals

19
Q

to place issue, facts& evidence on the table, exchanging knowledge of all documents relevant, with ability of each party to examine other under oath

A

Discoveries stage

20
Q

What does it mean to say that appeals are limited to matters of law, not fact?

A

case can be appealed only if it was felt that the law wasn’t applied correctly.

  • usually unable for appeal b/c court didn’t understand facts of case
  • “leave of appeal” must be obtained from Court of Appeal
21
Q

actus reus

A

Guilty act

22
Q

mens rea

A

guilty mind

23
Q

3 types of offences in a criminal procedure

A

Summary Conviction (minor)
Indictable (serious)
Hybrid (Crown chooses to either proceed summarily/ by indictment)

24
Q

does it matter to defense if accused=guilty of crime?

A

No- defense’s job is to find fault w/ prosecution case

25
Q

what happens if all 12 jurors cannot agree?

A

Jurors= discharged, & new trial takes place

26
Q

Divisions of Law

A

Public, Private, Criminal, Civil, Substantive, Procedural law

27
Q

associated w. public interest & government

A

Public Law

28
Q

associated w/ individual matters

A

Private Law

29
Q

Substantive Law

A

rights and remedies

30
Q

Procedural Law

A

procedures through which substantive rights are protected

31
Q

Four purposes of sentencing

A

Specific deterrence , General deterrence, Rehabilitation, Protection of the Public

32
Q

intended to stop/discourage criminal from committing more crimes

A

Specific Deterrence

33
Q

to discourage everyone else from committing more crimes

A

General deterrence

34
Q

intended to re-orient criminals to become law- abiding by choice

A

rehab

35
Q

Until court is satisfied that criminal has gone through rehab, criminal is incarcerated

A

Protection of the public

HOSP. LAW (13 decks)

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