Chapter 2 Flashcards
What are the 3 branches the Canadian Legal System is divided into?
Legislative(creates laws), Executive(implements policies and laws), and Judicial(adjudicates on disputes)
What is Liberalism?
Emphasize individuals freedom as it’s key organizing view
What is the Constitution Conventions?
Rules that aren’t enforceable by a court of law, but determine how power is exercised by the government
What is a Statue Law?
Formal written laws created by legislative branch
What are the 3 levels of legislation in Canada?
Parliament(pass house of commons then the senate), Provincial(no senate), City Council (Municipals)
What is Jurisdiction?
Power that a given level of government has to enact laws within proper authority
What happens in the Federal Government?
They use jurisdiction over criminal law, criminal code of Canada does not apply to provincial
What is Exclusive Jurisdiction?
1 level of government holds on its own and not on a shared basis with another level
What is a Concurrent Jurisdiction?
They are shared between levels of government (public health, environment)
What is a Paramountcy?
When there are conflicting/inconsistent federal and provincial laws, only when 2 laws are contradicting
What are some examples of Federal Jurisdiction?
Banking, Transportation
Who creates Bylaws?
Municipal Governments
Who are Formal Executives?
Responsible for ceremonials features
Who are Political Executives?
Responsibly for day to day operations like making government policies and administering all departments of government
What is a Cabinet?
All ministers heading government departments plus the prime minister and premier
What are Regulations?
Rules created by political executive that have force of the law - cabinet passes regulations
What is Judiciary?
Collective reference to judges
Who are Judges?
Appointed by federal and provincial governments, adjudicate on a variety of disputes
What is an Inferior Court? (trial court)
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)
What is a Superior Court? (trial court)
With unlimited financial jurisdiction whose judges are appointed by federal government
When do you go to the Supreme Court?
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
What is the order of the branches?
Small Claims Court, Superior Court, Courts of Appeal, Supreme Court of Canada.
What is the order of branches for federal?
Federal Court (trial), Federal Court (appeal), Supreme Court of Canada
What do the Federal Court of Canada deal with?
Certain cases in which one of the parties is the federal government or on of its agencies
What are the Canadian Charter of Right and Freedom?
A guarantee of specific rights and freedoms enshrined in the Constitution and enforceable by the judiciary
What is Fundamental Freedoms?
Conscience and religion, thought belief etc. Freedom of peaceful assembly, Freedom of association
What are Equality Rights?
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
Why is the Charter important?
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
What is said in Section 1?
You can infringe rights as long as it is benefiting society as a whole
What is Royal Prerogative?
Historical rights and privileges of the Crown, right to conduct foreign affairs and declare war, diminishes influence on modern Canadian legal system
What is Common Law?
Rules that are formulated in judgments, past judgements make up common law
What is Precedent?
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
What is Equity?
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”
Domestic vs. International Law
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
Substantive vs Procedural Law
S: Defines rights, duties and liabilities. P: Governing the procedure to enforce rights, duties, and liabilities
Public vs Private Law
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)
What is Administrative Law?
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
What is Constitution?
They are the most important, and will always win, they are not above the law
