Chapter 2 Flashcards
Bill
A draft of a proposed law introduced before parliament or a legislature
Canon or church law
The legal system of the Catholic Church, from which common law drew principles relating to families and estates
Civil law legal system
The legal system used in most of Europe based on a central code which is a list of rules stated as broad principles of law that judges apply to cases
Common law legal system
The legal system in England based on judges applying the customs and traditions of the people and then following each others decisions
Common law courts
The three historical English courts (Common pleas, King’s Bench and Exchequer court) where in theory law was discovered in the customs and traditions of the people
Confederation
The process that united the British colonies in North America as the Dominion of Canada in 1867
Court of Chancery
A court administering equity and proceeding according to the forms and principles of equity; can be called the Court of Equity
Distinguishing the facts
The process judges use to decide which case is the binding precedent; involves comparing the facts relevant to the issues being determined
Equality rights
Basic rights in the Canadian chart of Rights and Freedoms, including the right not to be discriminated against on the grounds of gender, age, religion, race or colour and the guarantee of equal benefit of and protection by the law
Equity
Legal principles founded upon fairness, as developed in the Court of Chancery to relive the harshness of common law; also the value left in an asset after subtracting what the owner owes
Executive branch
The part of the government composed of the King acting through the prime minister; also known as the crown
Fundamental freedoms
Basic rights in the Canadian Charter of Rights and Freedoms, including freedom of conscience and religion, of thoughts and beliefs, of opinion and expression and of assembly and association
Judicial branch
The part of the government composed of courts and officers of the court
Law of equity
A system of law collateral to the common law, developed by Court of Chancery
Law merchant
Rules developed by the merchant guild and the source of common law relating to negotiable instruments such as cheques
Legal rights
Basic rights in the Canadian Charter of Rights and Freedoms, such as the right to life, liberty and security if the person and security against unreasonable search and seizure or arbitrary imprisonment
Legislation
Laws enacted by Parliament or legislatures; known as statutes
Legislative branch
The part of the government empowered with enacting laws; parliament and legislature
Paramountcy
The principles that when a matter is addressed by both valid federal and provincial legislation and there is a conflict, the federal law takes precedence
Parliamentary supremacy
The primary law making body is Parliament or the provincial legislatures in their respective jurisdictions and that statutes take priority over the common law
Precedent
An earlier court decision; in common law, judges are required to follow a decision made in a higher court in the same jurisdiction where the facts are similar
Procedural fairness
Rules of natural justice that a hearing must follow
Private law
The rules that govern our social, personals and business relations, which are enforced by one person suing another in a private or civil action
Procedural law
The law determining how substantive laws will be enforced
Public law
The public good; law concerning the government and individuals relationships with it, including criminal law and the regulations created by government agencies
Regulations
Supplementary rules passed under the authority of a statute and having the status of law
Roman civil law
The law of the Roman Empire from which the common law drew its concepts of property and possession
Royal assent
The final approval of the representative of the British crown by which a bill becomes law in Canada
Rule of law
An unwritten convention inherited from England that recognizes that although parliament law is supreme and can create any law considered appropriate, citizens are protected from the arbitrary actions of the government
Statutes
Law in the form of legislation passed by parliament
Substantive law
The law establishing both the rights and person has in society and the limits on their conduct
Trust
A provision in equity whereby on person transfers property to a second person obligated to use it to the benefit of a third person
