Chapter 2 vocab Flashcards
Administrative Law
It is the law pertaining to the relationship between people and government departments, boards, and agencies. This type of law is the one that most affects Canadians’ daily lives e.g., injured workers attempting to be compensated, housing subdivision being built near a conservation area, who receives welfare or medical services. Government agencies and boards include the Labour Board, Workers’ Compensation Board, Liquor Control Board and Victims’ Compensation Board. If citizens disagree, can appeal to tribunals and if necessary, the courts.
Bylaws
Laws that concern local issues and are passed by municipal governments e.g., height of backyard fences, sidewalk snow removal responsibility, garbage collection.
Civil/Private law
Law concerning the relationships between private individuals, and between individuals and organizations (excluding the government). Main purpose is to ensure proper conduct and compensate individuals who have been harmed by others’ actions. Civil or private law includes: torts (civil injuries resulting from negligent or deliberate actions of others), contracts, family law, wills and estates, property law and employment law.
Constitutional law
The part of law concerning the distribution and enforcement of government powers. It outlines federal government structure and divides up the powers between federal and provincial governments. Constitutional law takes precedent over all other laws; all other laws must be consistent with constitutional law or will be struck down.
Contract law
The part of civil law that enforces rules pertaining to agreements between people and businesses e.g., buying a burger! or a new car or hiring a DJ for a party.
Criminal law
Law that identifies crimes and prescribes punishment e.g., murder, robbery, assault. Set out in Criminal Code of Canada and other federal statutes e.g., Controlled Drugs and Substances Act, Youth Criminal Justice Act. Crime in Canada is not only carried out against individuals but also society as a whole. Only federal government can pass criminal laws; however, provinces and territories have the authority to implement criminal law carried out by trial court judges, Crown attorneys and criminal courts.
Distinguishing a case
Identifying a case as being very different from previous cases as to warrant a different decision (new precedent). Ways in which this can occur are: if a judge doesn’t agree with a previous decision made by another judge, case involves new technology where no previous case law exists, or the precedent doesn’t apply in today’s society.
Domestic law
Law that governs activity within a single nation, from a monarchy or a constitution.
International law
Law that oversees relations between independent nations. International law is created by custom - “consistent and general practice as law by international community”. Treaties (international agreements) are viewed as binding as a law and can codify customs e.g., Canada and extradition treaties (agreement to send individuals back to the country where they committed a crime, free trade agreements, defence treaties such as NATO, treaties regarding moon and outer space, space debris and satellites.
Jurisdiction
The territorial range of legal authority or control including enforcement. All levels of government - federal, provincial/territorial, municipal - has power to create laws. Indian Bands and Aboriginal groups with self-government agreements can enact own legislation e.g., Nisga’a
Procedural law
Law that describes the methods of enforcing the rights and obligations of substantive law (content of law) e.g., laws regarding the correct procedures for collecting evidence, ensuring requirements for a lawful arrest are met, following correct trial procedures. Ensures that everyone is treated fairly.
Property law
The part of civil law that enforces ownership rights in property e.g., ownership and transfer of real estate. Much of property law is found in statutes, originating from British case law.
Public law
Law related to relationships between individuals/citizens and the state or government. Public law is one component of substantive law (the other main component of public law is private law). Public law includes: constitutional law, administrative law, criminal law. All public laws have to fall in line with the Canadian Charter of Rights and Freedoms which is a component of the Canadian Constitution.
Statute law
A law or act passed by the government e.g., federal Parliament or provincial legislature. Laws were often previously common law decisions that were codified. Statues override previous common law. However, statutes and common law often exist together e.g., when a judge interprets a statute, he creates a precedent that other judges or defence counsels could follow - this is common law!
Substantive law
Domestic Law that states the rights, duties, and obligations of citizens and government e.g., right to own and protect property, legal contracts and if that contract is broken, careless driving (Highway Traffic Act e.g., failing to remain at the scene of an accident or careless driving).
