Chapter 2

Question 1

Legislative

Answer 1

senate & house of commons – parliament, they make laws

Question 2

Executive

Answer 2

Prime Minister, his or her cabinets and all of the departments Ex. department of health, justice, foreign affairs, etc. One of the important functions are they make rules (regulations) that supplement laws that legislative branch makes

Question 3

Judiciary

Answer 3

acts to adjudicate disputes that arise in relation to laws that legislative and executive branch makes – if a citizen violates one of these laws, the hearing will be conducted before one of the judges in the judicial branch

Question 4

Highest Court

Answer 4

supreme court of Canada, below it are provincial/territorial courts

Question 5

Public Law

Answer 5

dispute between citizens and government Ex. criminal law, tax law, constitutional law

Question 6

Private Law

Answer 6

disputes between citizens Ex. two companies or two individuals

Question 7

Statute Law

Answer 7

created by the legislative branch

Question 8

Common Law

Answer 8

created by judges, judge decisions over years comprise common law, strict rules of law.

Question 9

Rescission

Answer 9

contract will be set aside as it would not be fair to compel weaker party to abide

Question 10

Quantum Meriut

Answer 10

a person should we awarded a fair amount for goods and services provided

Question 11

Government policy

Answer 11

the central ideas or principles that guide government in its work, including the kinds of lows it passes

Question 12

Liberalism

Answer 12

a political philosophy that emphasizes individual freedom as its key organizing value

Question 13

Canadian Legal System

Answer 13

the machinery that comprises and governs the legislative, executive and judicial branches of government

Question 14

Jurisdiction

Answer 14

the power that a given level of government has to enact laws

Question 15

Exclusive

Answer 15

jurisdiction that one level of government holds entirely on its own and not on a shared basis with another level

Question 16

Concurrent

Answer 16

jurisdiction that is shared between levels of government

Question 17

Paramountcy

Answer 17

a doctrine that provides that federal laws prevail when there are conflicting or inconsistent federal and provincial laws

Question 18

Bylaws

Answer 18

laws made by the municipal level of government

Question 19

Formal Executive

Answer 19

the branch of government responsible for ceremonial features of government

Question 20

Political executive

Answer 20

the branch of government responsible for day-to-day operations, including formulating and executing government policy, as well as administering all departments of government

Question 21

Cabinet

Answer 21

a body composed of all ministers heading government departments, as well as the prime minister or premier

Question 22

Regulations

Answer 22

rules created by the political executive that have the force of law

Question 23

Judges

Answer 23

those appointed by federal or provincial governments to adjudicate on a variety of disputes, as well as to preside over criminal proceedings

Question 24

Inferior court

Answer 24

a court with limited financial jurisdiction whose judges are appointed by the provincial government

Question 25

Small Claims Court

Answer 25

a court that deals with claims up to a specified amount

Question 26

Superior Courts

Answer 26

courts with unlimited financial jurisdiction whose judges are appointed by the federal government

Question 27

Supreme Court of Canada

Answer 27

the final court for appeals in the country

Question 28

Canadian Charter of Rights and Freedoms

Answer 28

a guarantee of specific rights and freedoms enshrines in the Constitution and enforceable by the judiciary

Question 29

Judgement

Answer 29

a formal ruling in the matter as well as reasons for that outcome

Question 30

Common Law

Answer 30

the body or collection of judge-made law as recorded in judgements

Question 31

Precedent

Answer 31

an earlier case used to resolve a current case because of its similarity

Question 32

Equity

Answer 32

rules that focus on what would be fair given the specific circumstances of the case, as opposed to what the strict rules of common law might dictate

Question 33

Treaty rights

Answer 33

rights arising in relation to official agreements between the Crown and Indigenous peoples