Chapter 2

Question 1

Bill

Answer 1

A draft of a proposed law introduced before parliament or a legislature

Question 2

Canon or church law

Answer 2

The legal system of the Catholic Church, from which common law drew principles relating to families and estates

Question 3

Civil law legal system

Answer 3

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

Question 4

Common law legal system

Answer 4

The legal system in England based on judges applying the customs and traditions of the people and then following each others decisions

Question 5

Common law courts

Answer 5

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

Question 6

Confederation

Answer 6

The process that united the British colonies in North America as the Dominion of Canada in 1867

Question 7

Court of Chancery

Answer 7

A court administering equity and proceeding according to the forms and principles of equity; can be called the Court of Equity

Question 8

Distinguishing the facts

Answer 8

The process judges use to decide which case is the binding precedent; involves comparing the facts relevant to the issues being determined

Question 9

Equality rights

Answer 9

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

Question 10

Equity

Answer 10

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

Question 11

Executive branch

Answer 11

The part of the government composed of the King acting through the prime minister; also known as the crown

Question 12

Fundamental freedoms

Answer 12

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

Question 13

Judicial branch

Answer 13

The part of the government composed of courts and officers of the court

Question 14

Law of equity

Answer 14

A system of law collateral to the common law, developed by Court of Chancery

Question 15

Law merchant

Answer 15

Rules developed by the merchant guild and the source of common law relating to negotiable instruments such as cheques

Question 16

Legal rights

Answer 16

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

Question 17

Legislation

Answer 17

Laws enacted by Parliament or legislatures; known as statutes

Question 18

Legislative branch

Answer 18

The part of the government empowered with enacting laws; parliament and legislature

Question 19

Paramountcy

Answer 19

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

Question 20

Parliamentary supremacy

Answer 20

The primary law making body is Parliament or the provincial legislatures in their respective jurisdictions and that statutes take priority over the common law

Question 21

Precedent

Answer 21

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

Question 22

Procedural fairness

Answer 22

Rules of natural justice that a hearing must follow

Question 23

Private law

Answer 23

The rules that govern our social, personals and business relations, which are enforced by one person suing another in a private or civil action

Question 24

Procedural law

Answer 24

The law determining how substantive laws will be enforced

Question 25

Public law

Answer 25

The public good; law concerning the government and individuals relationships with it, including criminal law and the regulations created by government agencies

Question 26

Regulations

Answer 26

Supplementary rules passed under the authority of a statute and having the status of law

Question 27

Roman civil law

Answer 27

The law of the Roman Empire from which the common law drew its concepts of property and possession

Question 28

Royal assent

Answer 28

The final approval of the representative of the British crown by which a bill becomes law in Canada

Question 29

Rule of law

Answer 29

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

Question 30

Statutes

Answer 30

Law in the form of legislation passed by parliament

Question 31

Substantive law

Answer 31

The law establishing both the rights and person has in society and the limits on their conduct

Question 32

Trust

Answer 32

A provision in equity whereby on person transfers property to a second person obligated to use it to the benefit of a third person