Chapter 2 Flashcards
Administrative Law
law the governs the relationship between government departments and citizens
- governs decisions from who receives welfare to who gets medical services
- branch of public law
Bylaws
laws created by municipal or local governments
- ex. West Vancouver governs when a lawnmower can be used
- branch of statute law
Civil/Private Law
covers all the areas of law that involve person vs person relationships
- helps to compensate individuals who have been harmed by others
- branch of substantive law
Constitutional Law
law that trumps all other laws (statute and common)
- deals with the distribution of and exercise of government powers
- contains the Charter of Rights and Freedoms
- branch of Public Law
Contract Law
the branch of civil law that deals with everyday transactions between people and businesses
- ex. you buy a burger but are unhappy with the quality and refuse to pay
- branch of civil law
Criminal Law
law that describers what constitutes a crime and prescribes a punishment
- all crimes are described in the Criminal Code of Canada
- crimes are considered to be carried out against the government (Regina vs.)
- branch of public law
Distinguishing a Case
if a judge disagrees with a past decision or there is new technology involved, he may decide against a past case and create a new precedent
-relates to common law
Domestic Law
law that is made and enforced within a countries borders (includes common law and statute law)
-the OPPOSITE of international law
International Law
law that governs the relationships between two nations
- these laws are sometimes created by custom while others are written agreements
- ex. extradition treaties, free-trade agreements, defence treaties
- the OPPOSITE of domestic law
Jurisdiction
the political and legal authority to pass and enforce laws in a given area or realm of the law
-ex. Federal jurisdiction, Provincial jurisdiction, Municipal jurisdiction
Procedural Law
law that prescribes the methods of enforcing the rights and obligations found in substantive law
- ex. how to gather evidence properly, correct trial procedures and following the requirements for a legal arrest
- branch of domestic law
Property Law
regulates the ownership rights and transfer of property
-used to be governed by British Case law, now much of our property law is found in statutes
Public Law
public law governs the relationship between the government and it’s citizens
- all public law is subject to the Canadian Charter of Rights and Freedoms
- branch of substantive law
Statute Law
a law or act passed by the government
- usually created by case law
- acts must go through formal procedure in parliament
Substantive Law
laws that define the duties, rights and obligations of citizens and government
- branch of domestic law
- parent of public and private law
