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BLaw > Chapter 2 > Flashcards

Chapter 2 Flashcards

1
Q

Legislative branch

A

Creates law in the form of statutes and regulations

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2
Q

Executive Branch

A

Formulates and implements gov policy and law

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3
Q

Judicial Branch

A

Adjudicates on disputes

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4
Q

Gov pol

A

central ideas or principles that guide gov in its work, inc the kinds of laws it passes

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5
Q

Constitutional Law

A

supreme law of can that constrains and controls how branches of gov exercise power

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6
Q

liberalism

A

pol philosophy that emphasizes ind freedom as its key organizing val

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7
Q

Constitutional conventions

A

important rules not enforceable by a court of law but that practically determine how a given power exercised by gov

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8
Q

Jurisdiction

A

Power that a given level of gov has to enact laws

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9
Q

Exclusive Jurisdiction

A

Jurisdiction that 1 leven of gov holds on its own and now on a shared basis with another level

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10
Q

Concurrent Jurisdiction

A

Shared between levels of gov’t

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11
Q

Paramountcy

A

Doctrine that proves the fed laws prevail when there are conflicting or inconsistent fed and prov laws

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12
Q

Constitution Act

A

1867
Divide law making powers between fed and prov gov’t
BNA Act (British North America Act)

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13
Q

Bill

A

Proposed legislation going through the process of becoming law

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14
Q

Formal Executive

A

Branch of gov’t responsible for the ceremonial features of gov’t

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15
Q

Political Executive

A

In charge of day to day op inc formulating and executing gov policy as well as admin all dept of govt

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16
Q

Cabinet

A

Body composed of all ministers heading gov’t departments, as well as PM or premier
Passes regulation

17
Q

Judiciary

A

Collective ref to judges

18
Q

Judges

A

Appointed by fed or prov gov’t to adjudicate on variety of disputes, as well as preside over criminal proceedings

19
Q

Supreme Court of Canada

A

Final court for appeals in the country

20
Q

Fed Court of Canada

A

Court that deals with some types of litigation involving the federal gov’t

21
Q

Judge made law or the common law

A

Body of judge made law as recorded in judgements

22
Q

Judgement

A

Formal lruling in matter as well as reasons for that outcome

23
Q

Precedent

A

Earlier case used to resolve current case due to its similarity

24
Q

Equity

A

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

25
Q

Administrative Law

A

rules created by boards, agencies, comissions, tribunals, and individuals who exercise a gov’t function

26
Q

Treaty Rights

A

rights arising in relation to official agreements between the crown and indigenous ppl

27
Q

Aboriginal Rights

A

Exist when treaties have not been negotiated and inc rights relating to occupation of land and rights “from a distinctive practice, custom or tradition that may or may not be connected” to land

28
Q

Indian Act

A

Recognize FN band councils with power to pass bylas governing reserve community like health, law and residence of band members

29
Q

Crown

A

State or gov’t

30
Q

Domestic LAW

A

internal law
statute and common law
individuals and corporations, and some of the state

31
Q

international law

A

states and other entities with international legal status like UN and WTO
Treaty law
States and international org

32
Q

substantive law

A

defines rights, duties, liabiities

33
Q

Procedural law

A

governing the procedure to enforce rights duties and liabilties

34
Q

Public law

A

relate to or regulate the relationship between persons and gov’t at all levels
constrains gov’t power according to rules of fairness
crim law
tax law
admin law

35
Q

Private law

A

relate to or regulate the relationship between persons and gov at all levels
contract law
tort law
property law
company law

36
Q

Common law

A

judge made law
Used in most of Can exc quebec
private law on judicial decisions taht must be applied

37
Q

Civil Law

A

Quebec’s system of priv law is gov’t by a civil code
system of law in which judges look to civil code for general principles to be applied to case at hand
not bound by how other judges have interpreted the code

BLaw (2 decks)

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