Ch. 2 - The Canadian Legal System

Question 1

Inquisitorial Legal System

Answer 1

• Used in many European countries
• A legal system in which the law is codified (written down)
• Judges play an active role in the proceedings
• Experts are called by the court
• The lawyer’s role is, in part, to assist the court

Question 2

Adversarial Legal System

Answer 2

• Two sides (defense[accused] and prosecution [Crown]) present their position before an impartial judge or jury
• Used in North America

Question 3

Ultra vires

Answer 3

Outside of the jurisdiction of the body that passed the law
- If the federal govn’t attempts to pass a law in an area that is exclusive domain of the provinces (Under the Constitution Act, 1867)

Question 4

Constitution Act, 1867; Section 91

Answer 4

Enumerates federal powers

Question 5

Constitution Act, 1867; Section 92

Answer 5

Enumerates provincial powers

Question 6

Legistlation

Answer 6

• Cannot be applied without further interpretation by a judge
• Purpose is to provide guidelines that should be particular enough to allow a judge to reasonably apply them to a set of facts

Question 7

Stare decisis

Answer 7

“let the decision stand” - doctrine states that judges are bound to decide like cases alike

Question 8

Provincial Courts

Answer 8

• Lowest level
• Trial courts presided over by provincially appointed judges
• Hear most criminal cases, half of the family cases, almost all youth cases and civil cases that involve small amounts of money
• No option to be tried by jury; decisions are not binding

Question 9

Provincial Superior Courts

Answer 9

• Second level
• Presided over by a federally appointed justice
• Hear some criminal & civil cases, applications for divorce, appeals from provincial courts on matters of small claims, family cases, and less serious criminal matters