Chapter 6 The Law and the Judicial System

Question 1

Define law

Answer 1

in general terms can be described as the expressed will of society governing relationships among members of that society.

Question 2

What are the TWO (2) most basic categories of law.

Answer 2

1. substantive law

2. procedural law

Question 3

Distinguish beween substantive law and procedural law.

Answer 3

1. Substantive law - consists of the rights and duties that each person has in society i.e. right to vote, own property and enter into contracts.
2. Procedural law - is concerned with the methods or means of protecting and enforcing these rights and duties.

Question 4

Into what TWO (2) fields are substantive rules divided?

Answer 4

1. public law - concerned with the conduct of government and its relations with private persons including corporations. It is divided into several categories:
   a. constitutional law - issues relating to the constitution
   b. criminal law - any legal action such as a criminal
   offense punishable by a fine, imprisonment or
   probation.
   c. administrative law - deals with the law itself.
2. private law - (civil law) is the law as it applies to individuals and/or legal entities

Question 5

Where does common law apply?

Answer 5

It is applied in all provinces except Quebec.

Question 6

What is another name for civil law?

Answer 6

Private law

Question 7

How did common law originate?

Answer 7

Originated in England influenced by the Canon (church law) and Roman Law.

Question 8

What are the main features of common law?

Answer 8

Case law

Judge-made law

Question 9

Define precedent and give examples.

Answer 9

is a legal decision serving as an authoritative rule in future similar cases.

Question 10

Define case law and give examples.

Answer 10

looks into prior cases with similar facts and is then bound to follow the decisions made in those cases by courts of equal or higher authority.

Question 11

Define judge-made law and give examples.

Answer 11

when no previous case can be found with the same or similar circumstances, a judge will make a decision based on all facts and a precedent will be set.

Question 12

How did the Civil Code of Quebec originate?

Answer 12

Originated in the Civil Code of Lower Canada (common law as its exists in the other provinces of Canada, U.S., international agreements, and various sections from foreign code).

Question 13

What is the main difference between common law and the Civil Code of Quebec?

Answer 13

Difference lies in how the law is applied.
1. Common Law - when a question of legal rights or
duties arises you look at past recorded court cases to
determine how similar cases were dealt with.

2. Civil Code - you must find the Article in the Code and
   apply its provisions to the situation in question.

Question 14

Define a statute and give examples.

Answer 14

Is an act of the legislature declaring, commanding or prohibiting something.

 1. The Criminal Code of Canada
 2. Sales Goods Act
 3. Changes in legal speed limits

Question 15

What effect do statutes have on common law? On the Civil Code of Quebec?

Answer 15

Statutes override common law dealing with the same point.

Statutes cannot override any rule within the Civil Code but amplify and interpret the rules that make up the Civil Code.

Question 16

What determines whether a legal case is tried in a provincial or a federal court?

Answer 16

The Constitution Act of 1867

Question 17

What are the main components of the provincial court system.

   i. in common law provinces?
   ii. in Quebec?

Answer 17

Common Law Provinces

 1. Supreme or superior courts
2. Country or District Courts
3. Provincial Courts 

Quebec

 1. The Quebec Court of Appeal
 2. The Superior Court

Question 18

What are the main components of the federal court system?

Answer 18

1. The Supreme Court of Canada

2. The Federal Court of Canada

Question 19

What TWO (2) things make the Supreme court different from any other court in Canada?

Answer 19

1. It hears criminal and civil cases.
2. It also gives opinions on constitutional and other matters such as the powers of Parliament or the provincial legislatures.

Question 20

How many judges sit on the Supreme Court of Canada?

Answer 20

Nine. the Chief Justice of the Supreme Court of Canada and eight Puisne (associate or subordinate) Justices.