Chapter 2 Flashcards
Legislative
senate & house of commons – parliament, they make laws
Executive
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
Judiciary
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
Highest Court
supreme court of Canada, below it are provincial/territorial courts
Public Law
dispute between citizens and government Ex. criminal law, tax law, constitutional law
Private Law
disputes between citizens Ex. two companies or two individuals
Statute Law
created by the legislative branch
Common Law
created by judges, judge decisions over years comprise common law, strict rules of law.
Rescission
contract will be set aside as it would not be fair to compel weaker party to abide
Quantum Meriut
a person should we awarded a fair amount for goods and services provided
Government policy
the central ideas or principles that guide government in its work, including the kinds of lows it passes
Liberalism
a political philosophy that emphasizes individual freedom as its key organizing value
Canadian Legal System
the machinery that comprises and governs the legislative, executive and judicial branches of government
Jurisdiction
the power that a given level of government has to enact laws
Exclusive
jurisdiction that one level of government holds entirely on its own and not on a shared basis with another level
Concurrent
jurisdiction that is shared between levels of government
Paramountcy
a doctrine that provides that federal laws prevail when there are conflicting or inconsistent federal and provincial laws
Bylaws
laws made by the municipal level of government
Formal Executive
the branch of government responsible for ceremonial features of government
Political executive
the branch of government responsible for day-to-day operations, including formulating and executing government policy, as well as administering all departments of government
Cabinet
a body composed of all ministers heading government departments, as well as the prime minister or premier
Regulations
rules created by the political executive that have the force of law
Judges
those appointed by federal or provincial governments to adjudicate on a variety of disputes, as well as to preside over criminal proceedings
Inferior court
a court with limited financial jurisdiction whose judges are appointed by the provincial government
Small Claims Court
a court that deals with claims up to a specified amount
Superior Courts
courts with unlimited financial jurisdiction whose judges are appointed by the federal government
Supreme Court of Canada
the final court for appeals in the country
Canadian Charter of Rights and Freedoms
a guarantee of specific rights and freedoms enshrines in the Constitution and enforceable by the judiciary
Judgement
a formal ruling in the matter as well as reasons for that outcome
Common Law
the body or collection of judge-made law as recorded in judgements
Precedent
an earlier case used to resolve a current case because of its similarity
Equity
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
Treaty rights
rights arising in relation to official agreements between the Crown and Indigenous peoples
