Chap 2 & 4 vocabs

Question 1

bill

Answer 1

a draft statute, subject to change and not yet passed into law

Question 2

bylaws

Answer 2

legally enforceable rules created y municipalities accourding to the powers given to them by municipal statutes.

Question 3

civil law

Answer 3

in Quebec, based on the Custom of Paris and later codified using French civil law and code Napoleon, applies to private disputes, term refers to law between citizens.

Question 4

common law

Answer 4

a system of law based on English legal tradition, relies on precedent rather than on codified rules, may also refer to 1) decisions by courts exercising their common law jurisdiction as opposed to their equitable jurisdiction based on broad principles of fairness, or 2) case law generally as oppose to legislation.

Question 5

constitution

Answer 5

a document that estabilises the basic framwork under which all other laws are created and the basic principles to which all laws must conform

Question 6

discretionary decisions

Answer 6

decisions whereby the decision-maker has considerable latitude concerning the basis for a particular decision and the factors that can be taken into account in reaching the decision

Question 7

governor in council

Answer 7

a federal member of cabinet vested with power to create regulations and rules pursuant to a statute

Question 8

liability

Answer 8

legal obligations and responsibilities

Question 9

lieutenant governor in council

Answer 9

a provincial member of cabinet vested with power to create regulations and rules pursuant to a statute

Question 10

paramountcy

Answer 10

federal laws’ power to override provincial laws.

Question 11

reasonable person

Answer 11

a hypothetical person recognized as having a level of maturity and responsibility common to most people in the community and used as an ojectibe standard for determining liabililty.

Question 12

regulations

Answer 12

legally enforceable rules providing practical details of how a statute is to be implemented

Question 13

statutes

Answer 13

codified laws passed by legislature

Question 14

alternative dispute resolution (ADR)

Answer 14

a process other than the court system through which a conflict is settled. i.e. negotiation, facilitation.

Question 15

civil law jurisdictions

Answer 15

most of Europe and Quebec, where courts make decisions based on a civil code, not precedent, and there is no doctrine of stare decisis

Question 16

common law jurisdictions

Answer 16

most of North Ame (except Quebec and Louisiana), where prior court decisions on similar facts may be binding law

Question 17

judicial review

Answer 17

a court’s review of an administrative tribunal’s decision to ensure that it acted within the powers granted under the legislation and respected the common law rules of natural justice and procedural fairness

Question 18

tribunal

Answer 18

a specialized quasi-judicial board, commission, panel, or other decision-making body that makes decisions pursuant to particular statutes.

Question 19

Criminal law system

Answer 19

a system that deals w violations of the laws designed to protect the interests of society in general.