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Social Work 312 > Chapter 1 > Flashcards

Chapter 1 Flashcards

1
Q

Laws that govern the relationship between individuals and society. 1) Criminal law 2) Constitutional law 3) Administrative law

A

Public Law

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2
Q

Judiciary

A

Judges in the various courts who apply and interpret laws for the facts of each case

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3
Q

Made up of the prime minister and other ministers Responsibilities: 1) Administering and enforcing laws 2) Accountable to the legislature

A

Executive

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4
Q

Laws that govern the relationship between individuals, including: 1) Family law 2) Contract law 3) Tort law

A

Private or Civil Law

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5
Q
  • Less serious criminal charges - Max 6 months in jail - Up to $2,000 fine
A

Summary Conviction

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6
Q

1) Bills become laws or Acts: Receive royal assent and have been proclaimed into law 2) Case or Common law: Judges’s decisions are recorded and published in law reports, which determine legal precedents upon the future like cases are based upon.

A

Sources and Types of Law

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7
Q

A system of rules that order society, defining a code of behaivour and establishing a framework of social institutions within which certain freedoms may be exercised.

A

The Nature of Law

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8
Q

Substantive Law

A

The substance of legal action normally contained in a statute

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9
Q

Procedural Law

A
  • Governs the process of the hearing - Combination of process developed at common law and rules contained in the relevant statue
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10
Q

Common Law

A

A process by which each division of the court rests upon previous devisions call precedents

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11
Q

Charter of Rights and Freedoms

A

Outlines the fundamental human rights that are guaranteed to all Canadians. Cannot be violated. Exception: 1) Limits placed on the rights are reasonable, 2) Prescribed by law 3) Justifies in a free and democratic society

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12
Q

Administrative Boards and Tribunals

A

Charged with authority from federal and provincial legislatures to pass subordinate legislation (regulations) without having to go through the regular process.

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13
Q

The supreme law of Canada outlining the basic principles of democratic government. Defines the 3 branches of government. Affirming the federal legal system that divides power between federal and provincial.

A

Constitution

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14
Q

The Nature of Law

A

A system of rules that order society, defining a code of behaivour and establishing a framework of social institutions within which certain freedoms may be exercised.

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15
Q

Judges in the various courts who apply and interpret laws for the facts of each case

A

Judiciary

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16
Q

Civil Legal Procedure

A

1) Negotiations for settlement 2) Application to the court: “answer” or “appearance” 3) The pleadings: statement of claim or defence 4) Examination for Discovery: documents and physical evidence 5) Hearing/ Trial: Burden of proof “balance of probabilities” 6) Judgement: grant whatever remedies may be available 7) Enforcement: court orders can be obtained to ensure enforcement

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17
Q

Proposal for a law that must pass through 3 readings in legislature and receive royal assent before officially becoming a law *Note* Public and Private Bills

A

Bill

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18
Q
  • Governs the process of the hearing - Combination of process developed at common law and rules contained in the relevant statue
A

Procedural Law

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19
Q

Outlines the fundamental human rights that are guaranteed to all Canadians. Cannot be violated. Exception: 1) Limits placed on the rights are reasonable, 2) Prescribed by law 3) Justifies in a free and democratic society

A

Charter of Rights and Freedoms

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20
Q

The Quebec Civil Code - Evolved from Roman model - Based on written civil code

A

Exception to common law model

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21
Q

The functions of law in society

A

1) Regulatory: A person is free t do anything that is not prohibited by law 2) Empowering and Obligating: individuals and organizations may use rights and freedoms at the same time fulfill legal obligations 3) Dispute Resolving and Enforcement: the courts and police fulfill this function of the legal system

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22
Q

Public Law

A

Laws that govern the relationship between individuals and society. 1) Criminal law 2) Constitutional law 3) Administrative law

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23
Q

1) BC Provincial Court: Criminal, civil, family, youth crime, and small claims court 2) BC Supreme Court: Serious criminal and civil cases, divorce 3) BC Court of Appeal: Hears appeals from Provincial and Supreme Courts 4) Supreme Court of Canada: Final court of appeal from all other courts

A

Court Hierarchy

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24
Q
  • Provides ladder for appeals for lower court appeals - Legal principal precedence - Adversarial legal system - Legal “truth will emerge when both side have equal opportunity to present their case
A

Reason for hierarchy of courts

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25
Q

If legislature passed a law that is beyond its legislative scope or legal jurisdiction, it is said to be operating _____?

A

Ultra Vires

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26
Q
  • Burden of proof “beyond reasonable doubt” - Obligation to prove criminal cases (rests on the Crown) - Criminal (substantive)- jurisdiction of federal government - Administration of justice (procedural)- provincial govern. - Complaint and police investigation - Decision to prosecute (Crown Counsel) - The right to counsel (Constitutional right) - The court appearance - Judicial interim release (bail) - Trail in a court - Conviction or acquittal - Sentencing - 30 days to appeal
A

Criminal Legal Procedure

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27
Q

1) The executive 2) The Legislative 3) The Judiciary

A

3 Branches of Government

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28
Q

The legal model in Quebec that is based on a set of rules to deal with disputes

A

Civil Code

29
Q

Exception to common law model

A

The Quebec Civil Code - Evolved from Roman model - Based on written civil code

30
Q

Legislature or Parliament

A

Provincial and federal legislatures hold the power to make, change, and repeal laws

31
Q

Administrative bodies

A
  • Regulations carry out the purpose or expand general law - Hear cases, interpret and apply the law - Less formal than courts
32
Q

A process by which each division of the court rests upon previous devisions call precedents

A

Common Law

33
Q

Constitution

A

The supreme law of Canada outlining the basic principles of democratic government. Defines the 3 branches of government. Affirming the federal legal system that divides power between federal and provincial.

34
Q

3 Branches of Government

A

1) The executive 2) The Legislative 3) The Judiciary

35
Q

Priviledge

A

Only lawyers have absolute confidentiality

36
Q
  • Defines power of government - Canadian Charter of Rights and Freedoms protects fundamental rights of Canadians - Legislature may alter and repeal laws Judiciary and administrative bodies interpret and apply the law
A

The Canadian Constitution

37
Q

Sources and Types of Law

A

1) Bills become laws or Acts: Receive royal assent and have been proclaimed into law 2) Case or Common law: Judges’s decisions are recorded and published in law reports, which determine legal precedents upon the future like cases are based upon.

38
Q

The substance of legal action normally contained in a statute

A

Substantive Law

39
Q

Laws start out as “bills” and must pass through 3 readings and receive royal assent. Federal law is consistent across Canada, however, provincial law may have blunt differences.

A

Legislature

40
Q

Indictment Conviction

A

More serious criminal charges - Murder - Attempted murder - Armed robbery 5 or more years- has an election of trail method - Judge or Judge and jury Crown Counsel elects which route to go

41
Q
  • Entrenched in the Constitution - Takes precedence over federal and provincial law - Only infringement if the limits can be shown reasonable by law and justifies in free and democratic society - Sets out minimum level of rights only.
A

The Charter of Rights and Freedoms

42
Q

1) Regulatory: A person is free t do anything that is not prohibited by law 2) Empowering and Obligating: individuals and organizations may use rights and freedoms at the same time fulfill legal obligations 3) Dispute Resolving and Enforcement: the courts and police fulfill this function of the legal system

A

The functions of law in society

43
Q

More serious criminal charges - Murder - Attempted murder - Armed robbery 5 or more years- has an election of trail method - Judge or Judge and jury Crown Counsel elects which route to go

A

Indictment Conviction

44
Q

Only lawyers have absolute confidentiality

A

Priviledge

45
Q

A friend of the court that is not a party to a case but is appointed by the court to make written submissions because of the values expertise or perspective

A

Amicus Curiae

46
Q

A party with an interst that demonstrates it can make useful submissions to the court different from the other parties

A

Intervenener

47
Q

The Canadian Constitution

A
  • Defines power of government - Canadian Charter of Rights and Freedoms protects fundamental rights of Canadians - Legislature may alter and repeal laws Judiciary and administrative bodies interpret and apply the law
48
Q

Summary Conviction

A
  • Less serious criminal charges - Max 6 months in jail - Up to $2,000 fine
49
Q

Three sources of confidentitality

A

1) Professional Code of Ethics 2) Common Law 3) Statute Law

50
Q

Criminal Legal Procedure

A
  • Burden of proof “beyond reasonable doubt” - Obligation to prove criminal cases (rests on the Crown) - Criminal (substantive)- jurisdiction of federal government - Administration of justice (procedural)- provincial govern. - Complaint and police investigation - Decision to prosecute (Crown Counsel) - The right to counsel (Constitutional right) - The court appearance - Judicial interim release (bail) - Trail in a court - Conviction or acquittal - Sentencing - 30 days to appeal
51
Q

Reason for hierarchy of courts

A
  • Provides ladder for appeals for lower court appeals - Legal principal precedence - Adversarial legal system - Legal “truth will emerge when both side have equal opportunity to present their case
52
Q

1) Professional Code of Ethics 2) Common Law 3) Statute Law

A

Three sources of confidentitality

53
Q

Provincial and federal legislatures hold the power to make, change, and repeal laws

A

Legislature or Parliament

54
Q

Executive

A

Made up of the prime minister and other ministers Responsibilities: 1) Administering and enforcing laws 2) Accountable to the legislature

55
Q

The Charter of Rights and Freedoms

A
  • Entrenched in the Constitution - Takes precedence over federal and provincial law - Only infringement if the limits can be shown reasonable by law and justifies in free and democratic society - Sets out minimum level of rights only.
56
Q

Court Hierarchy

A

1) BC Provincial Court: Criminal, civil, family, youth crime, and small claims court 2) BC Supreme Court: Serious criminal and civil cases, divorce 3) BC Court of Appeal: Hears appeals from Provincial and Supreme Courts 4) Supreme Court of Canada: Final court of appeal from all other courts

57
Q

Bill

A

Proposal for a law that must pass through 3 readings in legislature and receive royal assent before officially becoming a law *Note* Public and Private Bills

58
Q

Civil Code

A

The legal model in Quebec that is based on a set of rules to deal with disputes

59
Q

Charged with authority from federal and provincial legislatures to pass subordinate legislation (regulations) without having to go through the regular process.

A

Administrative Boards and Tribunals

60
Q

Exceptions to confidentitality

A

1) Valid court order, search warrant, subpoenaed, coroner’s ordered 2) Child, Family and Community Service Act 3) Health Act 4) Insurance (motor vehicle) Act 5) Workers Compensation Act

61
Q

Amicus Curiae

A

A friend of the court that is not a party to a case but is appointed by the court to make written submissions because of the values expertise or perspective

62
Q

Private or Civil Law

A

Laws that govern the relationship between individuals, including: 1) Family law 2) Contract law 3) Tort law

63
Q

Intervenener

A

A party with an interst that demonstrates it can make useful submissions to the court different from the other parties

64
Q

Legislature

A

Laws start out as “bills” and must pass through 3 readings and receive royal assent. Federal law is consistent across Canada, however, provincial law may have blunt differences.

65
Q

Ultra Vires

A

If legislature passed a law that is beyond its legislative scope or legal jurisdiction, it is said to be operating _____?

66
Q

1) Valid court order, search warrant, subpoenaed, coroner’s ordered 2) Child, Family and Community Service Act 3) Health Act 4) Insurance (motor vehicle) Act 5) Workers Compensation Act

A

Exceptions to confidentitality

67
Q

1) Negotiations for settlement 2) Application to the court: “answer” or “appearance” 3) The pleadings: statement of claim or defence 4) Examination for Discovery: documents and physical evidence 5) Hearing/ Trial: Burden of proof “balance of probabilities” 6) Judgement: grant whatever remedies may be available 7) Enforcement: court orders can be obtained to ensure enforcement

A

Civil Legal Procedure

68
Q
  • Regulations carry out the purpose or expand general law - Hear cases, interpret and apply the law - Less formal than courts
A

Administrative bodies

Social Work 312 (6 decks)

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