Chapter 2, 3 Legal System

Question 1

Parliamentary Supremacy

Answer 1

principle that the primary law- making body is Parliament or the provincial legislatures in their respective jurisdictions, and that stat-utes take priority over the common law

Question 2

Substantive Law

Answer 2

law establishing both the rights an individual has in society and also the limits on her conduct

Question 3

Procedural Law

Answer 3

law determining how the substantive laws will be enforced— for example, the rules governing arrest and criminal investigation, pre- trial, and court processes in both criminal and civil cases

Question 4

Public Law

Answer 4

the public good; law concern-ing the government and individuals’ relationship with it, including criminal law and the regulations created by govern-ment agencies

Question 5

Private Law

Answer 5

the rules that govern our personal, social, and business relations, which are enforced by one person’s suing another in a private or civil action

Question 6

Common Law System

Answer 6

the legal system developed in England based on judges applying the customs and tradi-tions of the people and then following each other’s decisions

Question 7

Civil Law System

Answer 7

the legal system used in most of Europe based on a cen-tral code, which is a list of rules stated as broad principles of law that judges apply to the cases that come before them

Question 8

Stare Decisis

Answer 8

a principle by which judges are required to follow the decision made in a similar case in a higher court

Question 9

Precedent

Answer 9

an earlier court decision; in a common law system, judges are required to follow a decision made in a higher court in the same jurisdiction

Question 10

Statutes

Answer 10

law in the form of legislation passed by Parliament

Question 11

Legislative Branch

Question 12

Judicial Branch

Question 13

Executive Branch

Question 14

Regulations

Question 15

Rule of Law

Question 16

Division of Powers

Question 17

Ultra Vires

Answer 17

beyond the jurisdiction, power, or authority of a decision maker

Smaller Laws that violates the higher law

Question 18

Paramountcy

Question 19

Canadian Charter of Rights and freedom

Question 20

Entrenched

Question 21

Notwithstanding Clause S.33

Answer 21

a law that created knowing going against the constitution but its important enough to have and its limited.

Question 22

Administrative Law

Question 23

Appeal

Question 24

Civil Litigation

Question 25

Limitation Period

Question 26

Jurisdiction

Question 27

Pleadings

Question 28

Notice of Claim

Question 29

Counterclaim

Question 30

Response to a Civil Claim

Question 31

Party and Party Costs

Question 32

Discovery (of documents; examination for)

Question 33

Solicitor and client Costs

Question 34

Damages (General; Special; Punitive)

Question 35

Accounting

Question 36

Injunction

Question 37

Specific Performance

Question 38

Procedural Fairness in Tribunals

Question 39

Judicial Review

Question 40

Administrative Law

Question 41

Administrative Tribunal

Question 42

Negotiation

Question 43

Mediation

Question 44

Arbitration

Question 45

Without Prejudice