ch2

Question 1

jurisprudence def

Answer 1

the philosophy or science of law which ensures that changes to our law made with careful consideration.

Question 2

intra vires def

Answer 2

“inside the powers”
a law that is within the authority of the gov’t or court

Question 3

ultra vires def

Answer 3

“beyond/outside the powers”
a law that may exceed the power of the gov’t/court

Question 4

common law 3 def

Answer 4

• a system of legal principles based on custom and past legal decision (case law)
• the law that came to Canada from Britain
• the law that is common to all

Question 5

restorative justice

Answer 5

a legal system that requires an offender to “restore” justice by recognizing, accepting, and taking real responsibility for their actions

Question 6

conventions 2 def

Answer 6

• rules of behaviour that are historically accepted, though not always legally enforced and often influence the content of treaties between nations
• formal agreements between two or more nations

Question 7

royal court system def

Answer 7

a court system set up by the king of England that was initially usd to collect taxes and handle civil matters

Question 8

adversarial system 4 facts

Answer 8

• judges have limited roles
• the assumption is that the truth will emerge when opponents equally motivated to win present strong arguments.
• assumes that both parties will be equally represented (not always the case)
• litigants may construct their case using evidences that ar beneficial for themselves rather than point to the truth.

Question 9

inquisitorial system 3 facts

Answer 9

• permits judges to take a more active role
• impartial judges seek out the truth by asking questions
• could be biased against one of the parties