Ch 2 - the Canadian Legal System

Question 1

government policy

Answer 1

the central ideas or principles that guide government in its work, including the kind of laws it passes

Question 2

constitutional law

Answer 2

the supreme law of Canada that constrains and controls how the branches of government exercise power

Question 3

liberalism

Answer 3

political philosophy that emphasizes individual freedom as its key organizing value

Question 4

canadian legal system

Answer 4

machinery that comprises and governs legislative, executive, and judicial branches of government

Question 5

constitutional conventions

Answer 5

important rules that are not enforceable by a court of law but that practically determine how a giver power is exercised by government

Question 6

legislative branch

Answer 6

the branch of government that creates statute law

Question 7

statute law

Answer 7

formal, written laws created or enacted by the legislative branch of government

Question 8

jurisdiction

Answer 8

power that a given level of government has to enact laws

Question 9

exclusive jurisdiction

Answer 9

jurisdiction that one level of government holds entirely on its own and not on a shared basis with another level

Question 10

concurrent jurisdiction

Answer 10

jurisdiction that is shared between levels of government

Question 11

paramountcy

Answer 11

a doctrine that provides that federal laws prevail when there are conflicting or inconsistent federal and provincial laws

Question 12

ratify

Answer 12

to authorize or approve

Question 13

treaty

Answer 13

an agreement between two or more states that is governed by international law

Question 14

bylaws

Answer 14

laws made by the municipal level of government

Question 15

formal executive

Answer 15

the branch of government responsible for the ceremonial features of government

Question 16

political executive

Answer 16

the branch of government responsible for day-to-day operations, including formulating and executing government policy, as well as administering all departments of government

Question 17

cabinet

Answer 17

body composed of all ministers heading government departments, as well as the prime minister or premier

Question 18

regulations

Answer 18

rules created by the political executive that have the force of law

Question 19

judiciary

Answer 19

collective reference to judges

Question 20

judges

Answer 20

those appointed by federal and provincial governments to adjudicate on a variety of disputes, as well as to preside over criminal proceedings

Question 21

inferior court

Answer 21

court with limited financial jurisdiction whose judges are appointed by the provincial government

Question 22

small claims court

Answer 22

a court that deals with claims up to a specified amount

Question 23

superior court

Answer 23

a court with unlimited financial jurisdiction whose judges are appointed by the federal government

Question 24

surpreme court

Answer 24

the final court for appeals in the country

Question 25

federal court of canada

Answer 25

the court that deals with some types of litigation involving the federal government

Question 26

canadian charter of rights and freedoms

Answer 26

guarantee of specific rights and freedoms enshrined in the constitution and enforceable by the judiciary

Question 27

royal prerogative

Answer 27

historical rights and privileges of the Crown, including the right to conduct foreign affairs and to declare war

Question 28

common law

Answer 28

rules that are formulated in judgments

Question 29

precedent

Answer 29

an earlier case used to resolve a current case because of its similarity

Question 30

equity

Answer 30

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

Question 31

domestic law

Answer 31

internal law of a given country, which includes both statute and case law

Question 32

international law

Answer 32

law that governs relations between states and other entities with international legal status

Question 33

substantive law

Answer 33

law that defines rights, duties, and liabilities

Question 34

procedural law

Answer 34

law governing the procedure to enforce rights, duties, and liabilities

Question 35

public law

Answer 35

areas of the law that relate to or regulate the relationship between persons and government at all levels

Question 36

private law

Answer 36

areas of law that concern dealings between persons

Question 37

civil code of quebec

Answer 37

rules of private law that govern quebec

Question 38

administrative law

Answer 38

rules created and applied by those having governmental powers