Chapter 3 : Introduction to Canadian Law Flashcards
What is the Law?
. A law is any written rule that was created by and is
enforced by the authority of a government and/or
the courts.
. In a democracy the law has an additional role: to
protect the rights and freedoms of individuals within
that society.
What is the Rule?
A rule is a principle governing the conduct and
actions of members of a group or society.
* A law, therefore, is a rule that has the weight of a
government and the courts behind it.
What is the Rule of Law?
The Rule of Law means that the law applies equally
to every person within that society.
Why society may put the law into place ?
– Control
– Social Policy
-Fairness
– Protect Individual Rights and Freedoms
-Dispute Resolution:
Canadian laws are divided into 2: What are they? What is Substantive Law and Procedural Law ?
.Substantive Law prescribes the actual rights and
duties of the individual members of the society and
the society as a whole.
* Procedural Law prescribes the procedures by which
these rights and duties are enforced.
What are Rights and Duties ?
. Rights under the law may include such things as
freedom of speech, the freedom to move anywhere
in the geographical territory of the society and the
freedom to worship.
* Duties, for example, may include following the law
and paying taxes
What are Substantive Law divided into ? What does Procedural law includes?
. Substantive Law include Public and Private Law. Public Law include Criminal Law, Constitutional Law and Administrative Law. Private Law include Family Law, Contract Law, Tort Law and Property Law.
. Procedural Law include criminal procedural Law, Administrative Law and Civil Procedural law.
What are The Sources of Canadian Law ?
Common (English Law and Equity), Stature Law and Administrative Law.
What is Statute law?
. Statute law is law created by a legislature or
parliament, which is a group of elected or appointed
representatives who are given the power to make
new laws or change existing laws.
* Legislatures pass statute law to either fill a gap in
common law and equity or to take the place of
common law on the same subject matter.
*Statute law is created through a specific process, as
spelled out in Canada’s Constitution.
*Statute law is created by the provinces through a
similar process.
What is Common law?
Common law has its roots in the British legal system
in which law is built upon the decisions from the royal
courts.
* These decisions are called precedents, defined as
decisions made in previous litigation.
* Common law are a collection of past decisions aka judge-madelaw.
What is Equity?
. It is for when there is no precedents or one of the parties did not feel a fair judgement was rendered under Common Law.
.In equity, the party or parties applied directly to the
monarch for resolution of the dispute.
* Over time equity developed into a system of
principles that guided decisions made outside of
common law.
In quebec , what is the source of Law?
Civil Law
What is administrative Law?
- Administrative law is the set of detailed regulations
with which larger laws are implemented. - Administrative law is implemented by administrative
or regulating bodies to which the government
delegates limited authority to conduct day-to-day
activities.
What is a constitution?
A constitution is a set of rules that guides how a
state or country is run.
* It sets out the political principles which leaders of
the country follow, the institutions that will be used
to govern, and the powers and responsibilities of
those tasked with leading the state.
What are canadian constitution composed of ?
-The Constitution Act of 1867 aka British north America Act
– The Constitution Act of 1982 : Human right and freedom , right of indigenious
– Section 52 of the Constitution Act, 1982: amendment to 1867
