Chapter 2 Vocab Flashcards
Administrative Law
Law that regulates the relationship between people and specific government agencies or institutions. Also includes boards such as Labor Board, Victim’s Compensation Board, etc. Its a form of communication so that people can have input such as getting access to medial serves or welfare needs.
Civil/ Private Law
Law that refers to the regulations between two individuals or organizations, excluding all government officials. Private law is usually referred to as civil law, the terms are interchangeable. Private law covers all types of civil matters such as family law, contracts, wills and estates.
Constitutional Law
Limits the power of the government by having to abide to basic laws, principles, and standards that are revealed on the Charter. If any law violates the constitution it can be immediately rejected by the courts, no questions asked. Constitutional Law also trumps all other types of law such as Statue or Common Law.
Contract Law
Laws that engage people and businesses regarding contracts or agreements. Contract law is as simple as everyday purchases of goods or services. A violation of this agreement can lead to court depending on the scale.
Criminal Law
Law that refers to punishments and prohibitions due to harming another individual. All crimes are in the Criminal Code of Canada and are related to federal statues.
Ex: Controlled Drugs and Substances or the Youth Criminal Justice Act
Distinguishing A Case
A case that has drastic differences to previous cases and therefore a new precedent can be determined because of the improvement in technology or change in normality within society. The actual definition refers to the process name.
Domestic Law
Law that is restricted to a country’s border including both statue and common law. Within each nation there can be unique domestic laws and therefore its very important to understand the differences. The country that you live in can’t protect you outside its own borders.
International Law
International Law is based off of customs and treaties more than laws because there is no world police or authority force. It’s in place however to attempt to regulate the relationships between countries. As well it determines ownership for places like the moon, responsibility for space debris and moving satellites.
The most substantial enforcement is NATO (North Atlantic Treaty Organization) for Canada.
Jurisdiction
The authority, or control that a government has on a case. It allows laws to be passed and motions to occur baed on the decision that the government makes.
Procedural Law
Law that describes the method of enforcing substantive law. It also protects the individual during the process of court or trial. In a way, it restricts the government to using arbitrary power (reflects Rule of Law)
Ex: A person can’t be detained for an unbearable amount of time without the opportunity to appear in front of a judge or court room.
Property Law
Regulates ownership of all types of property or real estate. Property law can be reviewed in statues.
Public Law
Laws that refer to individuals and the state. All laws are subject to the Charter or Rights and Freedoms.
Statue Law
A law passed by the elected representative government. On the scale, Statue law overrides common law but not constitutional. A judge can apply a statue and that creates a new precedent. Each level of government has the ability to pass statue law.
Substantive Law
The actual body of law that all people and government must follow. It outlines the rights, freedoms, and obligations that citizens have and entails everything from property law to highway traffic control.
Tort Law
Law that branches off civil law in that it addresses the responsibility at which one must take if they cause damage or harm to another person. This can be deliberate or unintentional but have the same repercussions.
