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Business Law > Chapter 2 the Canadian legal system part 1 > Flashcards

Chapter 2 the Canadian legal system part 1 Flashcards

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1
Q

The canadian legal system

A

is the machinery that compromises and governs the legislative, executive and judicial branches of the government

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2
Q

Government Policy

A

Central ideas/ principles that guide government in its work (includes kinds of laws that are passed)

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3
Q

constitutional law

A

Supreme law of canada that constrains and controls ow the branches of government exercise power

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4
Q

What are the 3 branches of the legal system

A
  1. Legislative- creates statute law (impact business operations)
  2. Executive- generates policy ( can be directed at businesses)
  3. Judicial- provides rulings on legal conflicts and future conflicts
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5
Q

Canadian constitution

A
  • the law must comply with the constitution

- hard to change, the amending formula must be met

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6
Q

constitutional conventions

A

rules not enforceable by the court of law but that practically determine how power is excised by the govt

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7
Q

constitutional act 1867 - 4 jurisdictions set out

A

S.91
-Division of powers of the government
Federal: s.91
Prov Govt: S.92
Territorial govts: limited self government but subject to federal control
Municipal govt - Law making jurisdiction made from provincial legislature

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8
Q

Exclusive federal jurisdiction

A

currency, national defense, criminal law, banking, postal service set out in section 91 of the charter

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9
Q

exclusive provincial jurisdiction

A

hospitals, property, civil rights, local matters, incorporation of provincial companies section 92 of the charter

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10
Q

municipalities jurisdiction

A

no constitutionally recognized powers**
-delegated powers by the province
zoning, subdivision, licensing, property tax

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11
Q

Jurisdiction definition

A 
Power that a level of government has to enact laws 
central authority (federal)
regional authorities (provincial)
territorial governments (limited)
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12
Q

Exclusive jurisdiction definition

A

one level of government that completely controls one portion of the law
– federal government has exclusive jurisdiction over criminal law

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13
Q

concurrent jurisdiction

A

shared between levels of government– public health, the environment – federal law prevails in concurrent jurisdiction – called paramountcy

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14
Q

paramountcy

A

doctorine- federal law prevails in concurrent jurisdiction

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15
Q

bylaws

A

Made by municipal government- zoning, taxes, business regulation

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16
Q

concurrent jurisdiction over environment

A

federal: ocean, waterways, fisheries, import and export of hazardous products (tdg)
Municipal: water, sewage, noise, chemical use

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17
Q

what is the executive branch of government comprised of?

A

-formal executive - responsible for ceremonial features represented by governor general or leutenant general

political executive- day to day operations -formulating and executing policy and administering departments

cabinet- all ministers heading government departments that pass regulations ( prime minister too )

18
Q

What is the judicial branch of government comprised of?

A

Judiciary- collective reference to judges – appointed by judges and it is not a branch of government
judge- appointed by federal or provincial government

19
Q

System of courts

A
  • provincial / territorial system of courts with 3 levels: 1. trial, 2. intermediate appeal, 3. final appeal
20
Q

inferior court

A
  • judges appointed by prov government
  • limited financial jurisdiction
  • organized by the type of the case
  • parties appear without a lawyer
21
Q

superior court

A

judges appointed by federal government

  • unlimited financial jurisdiction
  • more serious criminal matters
  • legal representation
22
Q

civil court

A

-small claims court - disputes with a small amount of money

23
Q

supreme court of canada scc

A
  • final court of appeals
  • requires permission to appeal from scc
  • deal with cases of national significance
24
Q

federal court

A
  • deals with some types of litigation involving the federal government
25
Q

Canadian charter of rights and freedoms

A

Became part of the charter in 1982 -it is a guarantee that the government will act with values associated with a liberal democratic state

26
Q

fundamental freedoms

A

everyone has the freedom of conscience, religion, thought, belief, opinion, expression, press, peacefule assembly and association - section 2

27
Q

equality rights

A
  • charter protects of violation of rights from the government
  • legislation is unconstitutional when if it violates a charter right- the judges strick it down
28
Q

s. 33

A

not withstanding clause – allows the govt to opt out of some charter rights by enacting legislation “not withstanding” that violates the charter

29
Q

what are the 2 sources of law

A
  1. statute law

2. judge made law

30
Q

Precedent

A

use of decisions made in earlier cases by judges in similar matters
lower courts must follow precedents made by higher courts (it is a more valued decision)
-SCC does not have to use precedent

31
Q

law of equity

A

fair given circumstances of case opposed to what strict rules of law might dictate

32
Q

classifications of the law

A
  1. domestic
    includes
    substantive
    procedural
substantive includes :
 public
 private 
common law. 
civil law
  1. international law
33
Q

domestic law

A

internal law of a country
includes procedural and substantive- and statute as well as common law
- deals with individuals and cooperations

34
Q

international law

A

governs relations with other entities with in international and legal states like us and world trade
- treaty law

35
Q

substantive law

A

rights, duties, liabilities (everything kinda except procedures)

36
Q

procedural law

A

-procedure to enforce rights, duties and liabilities

37
Q

public law

A

relationship between persons and all levels of government

  • constrains governments power ( rule of fairness)
  • includes criminal law, tax law, constitutional law, administrative law
38
Q

private law

A

similar to procedural law but deals with contract, tort, property and company law

39
Q

common law

A

judge made, used everywhere but not quebec

-bases private law on judicial decisions that must be applied

40
Q

civil law

A

quebecs system of private law, government by civil code- that is general principles applied to the case at hand – look into this more..

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