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MOS 2275 > Chapter 2 > Flashcards

Chapter 2 Flashcards

1
Q

What are the 3 branches the Canadian Legal System is divided into?

A

Legislative(creates laws), Executive(implements policies and laws), and Judicial(adjudicates on disputes)

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2
Q

What is Liberalism?

A

Emphasize individuals freedom as it’s key organizing view

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3
Q

What is the Constitution Conventions?

A

Rules that aren’t enforceable by a court of law, but determine how power is exercised by the government

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4
Q

What is a Statue Law?

A

Formal written laws created by legislative branch

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5
Q

What are the 3 levels of legislation in Canada?

A

Parliament(pass house of commons then the senate), Provincial(no senate), City Council (Municipals)

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6
Q

What is Jurisdiction?

A

Power that a given level of government has to enact laws within proper authority

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7
Q

What happens in the Federal Government?

A

They use jurisdiction over criminal law, criminal code of Canada does not apply to provincial

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8
Q

What is Exclusive Jurisdiction?

A

1 level of government holds on its own and not on a shared basis with another level

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9
Q

What is a Concurrent Jurisdiction?

A

They are shared between levels of government (public health, environment)

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10
Q

What is a Paramountcy?

A

When there are conflicting/inconsistent federal and provincial laws, only when 2 laws are contradicting

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11
Q

What are some examples of Federal Jurisdiction?

A

Banking, Transportation

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12
Q

Who creates Bylaws?

A

Municipal Governments

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13
Q

Who are Formal Executives?

A

Responsible for ceremonials features

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14
Q

Who are Political Executives?

A

Responsibly for day to day operations like making government policies and administering all departments of government

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15
Q

What is a Cabinet?

A

All ministers heading government departments plus the prime minister and premier

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16
Q

What are Regulations?

A

Rules created by political executive that have force of the law - cabinet passes regulations

17
Q

What is Judiciary?

A

Collective reference to judges

18
Q

Who are Judges?

A

Appointed by federal and provincial governments, adjudicate on a variety of disputes

19
Q

What is an Inferior Court? (trial court)

A

With limited financial jurisdiction whose judges are appointed by provincial governments, Organized by type of case -> Small Claims Court Lies (deal with claims up to a specific amount)

20
Q

What is a Superior Court? (trial court)

A

With unlimited financial jurisdiction whose judges are appointed by federal government

21
Q

When do you go to the Supreme Court?

A

After going to Provincial courts of appeal and hear appeals from these lower courts, Litigations tend to end in provincial courts, Supreme is only available after permission/leave to appeal granted by Supreme Court itself

22
Q

What is the order of the branches?

A

Small Claims Court, Superior Court, Courts of Appeal, Supreme Court of Canada.

23
Q

What is the order of branches for federal?

A

Federal Court (trial), Federal Court (appeal), Supreme Court of Canada

24
Q

What do the Federal Court of Canada deal with?

A

Certain cases in which one of the parties is the federal government or on of its agencies

25
Q

What are the Canadian Charter of Right and Freedom?

A

A guarantee of specific rights and freedoms enshrined in the Constitution and enforceable by the judiciary

26
Q

What is Fundamental Freedoms?

A

Conscience and religion, thought belief etc. Freedom of peaceful assembly, Freedom of association

27
Q

What are Equality Rights?

A

Every individual is equal before and under the law and has the right to equal protections & equal benefit of the law without discrimination based on characteristics

28
Q

Why is the Charter important?

A

It provides protection from improper or oppressive government conduct, acknowledges that the government is entitled to restrict freedom of expression -> only if it have relevant interests carefully & reasonably

29
Q

What is said in Section 1?

A

You can infringe rights as long as it is benefiting society as a whole

30
Q

What is Royal Prerogative?

A

Historical rights and privileges of the Crown, right to conduct foreign affairs and declare war, diminishes influence on modern Canadian legal system

31
Q

What is Common Law?

A

Rules that are formulated in judgments, past judgements make up common law

32
Q

What is Precedent?

A

Using a previous case to resolve a current case because its similar, like cases should be treated alike, higher the court that created the precedent the more valued its decision, supreme court is entitled to see a case as they see fit

33
Q

What is Equity?

A

Rules that focus on what would be fair given the circumstances of the case, not the strict rules common law dictate, only assists those with “clean hands”

34
Q

Domestic vs. International Law

A

D: Internal law of a given country that includes both statue and case law. I: Laws that govern relations between states and other entities w/international legal status

35
Q

Substantive vs Procedural Law

A

S: Defines rights, duties and liabilities. P: Governing the procedure to enforce rights, duties, and liabilities

36
Q

Public vs Private Law

A

Pub: Relate to or regulate the relationship between persons & government at all levels(crime, tax,admin law). Priv: Dealing between persons (contract, tort, prop, comp law)

37
Q

What is Administrative Law?

A

Rules created and applied by those having governmental powers, by individuals who exercise a governmental function as a result of the legislation giving them power

38
Q

What is Constitution?

A

They are the most important, and will always win, they are not above the law

MOS 2275 (25 decks)

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