Chapter 7 - The Justice System

Question 1

What is the difference between Justice and Judicial System?

Answer 1

The judicial system is composed of judges for the SCC, federal courts, provincial courts. In the justice system we have police, prisons, rehabilitation, law enforcement, as well as the judicial system.

Question 2

What are the major components of the Justice system?

Answer 2

(Principles of Canadian Justice)

1. Rule of law
2. The rule of judicial impartiality
3. The rule of judicial independence

Question 3

Habeas corpus

Answer 3

The right not to be detained without cause or due process.

Question 4

Judicial Impartiality

Answer 4

The principle by which judges decide cases based on evidence and an objective interpretation of the law.

Question 5

Judicial Independence

Answer 5

The principle by which judges are free from political interference when deciding cases.

Question 6

Public Law

Answer 6

Rules governing individuals’ relationships to the state and society.

Question 7

Private Law

Answer 7

Rules governing the relationships among citizens and organizations.
Two different Systems: Civil Law and Common-law

Question 8

Common-Law System

Answer 8

A legal order based on customs, usage, and precedent.

Question 9

Civil-Law System

Answer 9

A legal order based on written code.

Question 10

Minister of Justice

Answer 10

The member of the government responsible for the administration of the justice system within a given jurisdiction.

Question 11

Attorney General

Answer 11

A cabinet member and the highest ranking elected legal officer in a jurisdiction.

Question 12

Solicitor General

Answer 12

A cabinet member typically responsible for the penal and policing aspects of the justice system.

Question 13

Judicial Review

Answer 13

The authority of the courts to adjudicate matters of constitutional law.

Question 14

Constitutional Law

Answer 14

The branch of public law dealing with the authority of the state,

Question 15

Reference Cases

Answer 15

Proceedings initiated by governments asking for the court’s opinion on the constitutionality of legislation.

Question 16

Administrative Law

Answer 16

The branch of public law involving the review of government decisions and disputes between citizens and state agencies.

Question 17

Administrative Tribunals

Answer 17

Quasi-judicial bodies empowered to decided administrative law cases and whose decisions may be appealed to the court system.

Question 18

Three Major Functions of the Courts

Answer 18

Guardianship over the legal system and order through judicial review.
Adjudication of disputes between Canadians, their governments, their businesses, and other organizations through court cases.
The guidance of our democratic system through commissions of inquiry.

Question 19

Criminal Law

Answer 19

Body of statutory rules governing misconduct affecting not only the victims, but society as a whole.

Question 20

Restorative Justice

Answer 20

Drawn from Aboriginal traditions, a set of principles that emphasizes repairing relationships between criminal offenders, their victims, and the community.

Question 21

Civil Law

Answer 21

The body of rules governing disputes between or among private parties.

Question 22

Commission of Inquiry

Answer 22

An independent body of experts created by a government to investigate an issue of great importance.

Question 23

Correctional System

Answer 23

The network of community-based and institutional programs designed to detain, rehabilitate, and deter those involved in illegal activity.

Question 24

Two Major Components of Justice System

Answer 24

Law enforcement, correctional system