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Law All Chapters/Powerpoints > Chapter 1 book/powerpoint > Flashcards

Chapter 1 book/powerpoint Flashcards

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MBE flashcards MPRE flashcards Civil Procedure 1L flashcards
1
Q

Positive Law

A

All Laws duly enacted by a body having the authority to enact and enforce them

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2
Q

Natural Law

A

Laws that are JUSTIFIABLE on moral, religious or philosophical grounds. Regardless of whether or not the state has enacted/failed to enact them

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3
Q

Legal Realism

A

Whatever a judge says it is

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4
Q

Divisions of Law

A

Public and Private

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5
Q

Public Law

A 
Government & Public Interest
constitutional law
criminal law
administrative law
taxation
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6
Q

Private LAw

A 
interpersonal matters
contract law
family matters
property law
employment law
tort law
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7
Q

Criminal Law

A

Enacted to protect the political security if the state and personal security of its citizens

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8
Q

Civil Laws

A

All other laws (damages, orders and injunctions)

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9
Q

Substantive Law

A

rights & remedies

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10
Q

Procedural Law

A

technical and procedures by which substantive law rights are protected and enforced

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11
Q

Federal Law

A

must be passed by both the house of commons and the senate and then proclaimed into force by the governor general

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12
Q

Players

A 
legislators
judges
jurors
lawyers
clients
police
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13
Q

Notary

A

certifies but does not draft documents in BC

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14
Q

Royal Prerogatives

A

Exercised through the governor general and the lieutenant governor

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15
Q

British North American Act (BNA Act)

A

A statute enacted by the British paliament in 1867. Imported in Canada certain British constitutional principles such as those expressed in the Magna Carta

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16
Q

Section 91 of the BNA Act

A

Sets forth the powers of the federal government.

trade, commerce, tax, national defence, banking, patents, marriage, criminal law

17
Q

Section 92 of the BNA Act

A

Sets forth the power of the Provincial government

18
Q

Beyond the Power

A

Ultra Vires.

When the government passes laws that are constitutionally within the purview of another level of government.

19
Q

Paramountcy

A

Parliament reigns supreme

20
Q

Common Law

A

accumulated body of decisions made under king henry II

21
Q

Equity Law

A

Court of Chancery dealt w/ cases when people felt that common law would treat them unfairly. Equity>Common law

22
Q

It Stands Decided

A

Stare Decisis

Makes laws predictable b/c judges follow precedents. Constant as to avoid unnecessary appeals from lower courts

23
Q

Supreme Court of Canada (SCC)

A

9 federally appointed judges
Hears 4 Types of Cases:

Criminal Appeals
Civil Appeals
Federal Appeals

when there is sufficient public or legal importance

references on constitutional matters at the request of the government

24
Q

Federal Court of Canada

A 
Hears:
federal-provincial
interprovincial
maratime law
trademarks
copyrights and patents
has residual jurisdiction when other no other court has jurisdiction
25
Q

Superior Provincial Courts

A

Handles:
Serious Criminal Code offenses ( treason, murder, conspiracy)
Serious Criminal Code offenses that proceed by election
Civil cases over a set amount of money
Family Law matters (divorce, custody, guardianship)
Administrative law
Appeals of summary convictions
Appeals of small claims courts

26
Q

Lower Provincial Courts (4)

A

Certain indictable Criminal Code offenses (summary conviction and offenses under provincial statutes)
family division
youth division
small claims court

27
Q

5 Stages of Civil Action

A 
PLeadings
Examination of Discoveries
Pretrial/mediation
Trial
Appeal
28
Q

3 Types of Criminal Offenses

A

Summary Conviction (minor)
Indictable (serious)
Hybrid (the Crown chooses to proceed by summary or indictable)

PRESUMED INNOCENT UNTIL PROVEN GUILTY

29
Q

Actus Reas

A

Guilty Act

30
Q

Mens Rea

A

Guilty Mind

31
Q

Criminal Court Procedure

A

Arraignment
Trial
Sentencing
Appeal

32
Q

4 Purposes of Sentencing

A

Specific Deterrence
General Deterrence
Rehabilitation
Protection of the Public

33
Q

Divisions of Law 6

A

Public ( associated w govn’t and public interest)
private ( ass’t with intrapersonal matters)
criminal ( protection of the the security of the state and its citizens)
Civil Law (non-criminal resolution of disputes)
Substantive ( rights and remedies)
Procedural ( procedures through which substantive rights are protected)

34
Q

Sources of Canadian Law

A

Royal Prerogatives (governor general & lieutenant governors)
legislative enactments
delegated law making
judge made

Law All Chapters/Powerpoints (13 decks)

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