Chapter1/2 Flashcards
Advantages that Statue law has over case law
An important advantage of the common law is its ability to respond to changes in society and to specific fact situations
Statute law, on the other hand, provides stability and consistency because it is codified and available for all to read
Why are some laws described as procedural
describes the process to be followed when there is a violation of substantive law.
Laws are described as procedural because they establish the rules and methods for how to enforce rights and duties, and how to obtain redress.
What is included in the life cycle of a law
Introduction
Debate and Discussion
Adoption
Codification
Amendment
Repeal
Why does society need laws
Laws permit groups (societies) to live together harmoniously by defining, communicating, and enforcing accepted behavioral norms. These norms can be religious or secular (non-religious); both kinds of norms can evolve into laws as we know them
How do laws shift in society
When a law stops meeting the needs of the society or stops taking into account the circumstances of the society, it must evolve or be amended.
When a government will choose to codify a common law rule to a statue law
The government may make this decision because it believes that the common law rules are appropriate and worthy of entrenchment in statute or because it disagrees with the common law rules that have developed on a certain legal issue and wants to ensure that changes are made.
Who determines legislative jurisdiction
Under the Constitution, Parliament has full legislative jurisdiction over the territories
Where would you find a statue that was passed in the last 12 months
Electronic sources
* Ontario’s e-Laws website
https://www.ontario.ca/laws
* Federal government’s Department of Justice
website http://laws-lois.justice.gc.ca/eng/acts/
Paper sources
* Canadian Abridgment (Carswell)
* Canadian Encyclopedic Digest (Carswell)
What is a preamble of a statue
An introduction, made up of one or more provisions, the preamble sets out the objectives and guiding philosophy of the statute. The preamble can often provide some interesting insights into the socio-political context of the statute. It is also an official component of the statute for interpreting and enforcing the statute.
How to read a regulation
Long title
2. Short title
3. Preamble
4. Introductory provisions
* Definitions
5. Body of the statute
* Parts, sections, subsections, paragraphs
6. Housekeeping provisions
Shoulder notes are not officially part of the statute but
may help readers access the different provisions
Know the difference between a long title and a short title
LONG TITLE
Usually, this is written as “An Act respecting … (the subject matter of the statute).” The long title is rarely used to refer to the statute.
SHORT TITLE
This is the name by which the statute is commonly known, which may be provided at the beginning or at the end of the statute. If a short title is provided, it is the only way the statute may be properly cited.
History of the constitution act
British North America Act 1867. In 1982, the British Parliament passed the Canada Act 1982,2 which contained the Constitution Act, 1982.3 The Constitution Act, 1982 was passed by our Parliament and includes the Canadian Charter of Rights and Freedoms.4
Civil law
Civil Law
Private disputes
Less serious impact
Different rules of procedures
Non-criminal
The Key Difference of criminal and non criminal law
One of the most important differences between criminal and non-criminal (civil) cases is that while the parties to civil cases can be anyone (private individuals, corporations, government agencies, etc.), one of the parties in every criminal case is the state (the government). Although there is such a thing as a private prosecution, the overwhelming majority of criminal prosecutions are brought by the government against a private party.
What is a Bill
a preliminary version of a statute law that is written down to be reviewed, debated, and voted on before becoming law
