Courts, Legislature, Delegate Bodies

Question 1

3 Institutions that create law

Answer 1

Courts, Legislature and Delegate Bodies

Question 2

1. Courts what are they ?
2. judges 3-main responsibilities

Answer 2

Dispute resolution facilities to resolve cases, trials and settlements, create common law
Adjudication, determine facts, and apply legal principles to create law

Question 3

Courts:
What do people look to it for?
what do they create?
2 Primary function of the court?
Most unreliable form of evidence?

Answer 3

Look to courts for guidance and settlement/remedy
legal principles (primary creator of law in society)
Dispute resolution and create common law
Eye witness

Question 4

Courts (similar institutions):
What are Arbitrators and how do they get paid

Answer 4

Help opposing parties settle disputes. Always get fee in advance as loser won’t be happy

Question 5

Courts (similar institutions):
Mediator

Answer 5

appointed by statue or agreement, suggest a solution

Question 6

Courts (similar institutions):
Conciliation

Answer 6

Gets party talking but can’t suggest anything

Question 7

Courts:
Settlement

Answer 7

disputes resolved but not by the courts but by money/liability but parties pay attention to methods resolved by the courts

Question 8

Courts:
Stare Decisis

Answer 8

Verdict decided on basis of previous principles (precedence)

Question 9

Plantiff

Answer 9

one suing, goes to court to fix a wrong or earn remedy

Question 10

remedy

Answer 10

compensation or money for damages etc

Question 11

Courts:
what legal principle does a judge create

Answer 11

ratio decidendi

Question 12

Courts:
ratio decidendi

Answer 12

narrowest and necessary legal principle applied upon which the decision was based (basic element of principle of law)

Question 13

Courts:
Principles are called (2 names of law )and what is extracted when analyzing the case

Answer 13

Common law or judge made and the ratio decidendi is extracted

Question 14

Courts:
2 types of cases

Answer 14

Case regarding legislation
Judge Made/Common Law

Question 15

What is Case regarding legislation

Answer 15

interpreting legislative, discern intent of legislation and law effect formulated by legislation

Question 16

Case regarding legislation:
What are Statues

Answer 16

written enactment of legislative body
laws created by legislative body

Question 17

Case regarding legislation: Why interpret the statutes

Answer 17

legislation aren’t clear or statues not well defined etc what does “possession” mean so court defines

Question 18

Case regarding legislation: Family Property Act

Answer 18

include conjugal (living as family) <- cohabitation w/ min 3 year, property split up

Question 19

Case regarding legislation: Intestate Succession Act

Answer 19

Die without a will, property divided amongst family members. Will is probated by a lawyer

Question 20

Judge Made/Common Law

Answer 20

Court does not interpret law statute but rather declares law in areas untouched by legislation with authority. Law is establish by courts and judges

Question 21

Interpretation of Statute 3 Steps

Answer 21

1. Plain Meaning: Definition
2. Mischief Approach: Context of statute -> specific purpose or attempt
3. Golden Rule: start with 1 but if absurd outcome then use 2

Question 22

Judgement

Answer 22

publications and written documents contained in case reports

Question 23

Common Law 2 categories

Answer 23

Common law courts and law of equity courts

Question 24

Court of Chancery/Equity (Fairness)

Answer 24

Statues unable to hold justice, remedy or settlement in dispute outcome is not enough under common law

Question 25

What rules over another for equity and common law principles and why?

Answer 25

Equity principles overruled common law principles because equity principles evolved of lack of common law principles

Question 26

Who created Judicature Act and what is it (blique)

Answer 26

created by Blique house and it merged the two courts (equity and common law) to one court but simultaneously dispenses both common law principles and equity law principles

Question 27

Legislatures produce laws known as (2) how many legislatures in Canada ?

Answer 27

statutes or acts 11 legislatures in canada

Question 28

statute/act of parliament has been defined in english law as…

Answer 28

a pronouncement (declare formally) by sovereign in parliament

Question 29

Parliament

Answer 29

- means highest legislature

Question 30

Sovereign

Answer 30

- means ruler of law

Question 31

In UK / Canada (Statute changes)

Answer 31

made by the king (monarch) with advice and consent of House of Parliament and Commons to declare or change law

Question 32

Mutatis Mutandis

Answer 32

necessary changes being made to the law, statutes of Canadian Parliament and provincial legislature

Question 33

British Bicameral model

Answer 33

parliament with two chambers -> upper and lower house

Question 34

United Kingdom 1. Monarch 2. Upper House 3. Lower House

Answer 34

1. King Charles the Third 2. House of the lords 3. House of Commons, elected assembly

Question 35

Canada 1. Monarch 2. Upper House 3. Lower House

Answer 35

1. King Charles the Third and government general 2. Senate -> completely appointed 3. House of Commons MP's - Member of parliament

Question 36

Manitoba 1. Monarch 2. Upper House 3. Lower House

Answer 36

1. King Charles the Third and lieutenant government 2. Doesn't exist 3. Legislative Assembly, MLA's we elect

Question 37

America 1. Monarch 2. Upper House 3. Lower House

Answer 37

1. President 2. Senate (two from each state) 3. House of representatives based on populations (congress)

Question 38

What do Delegate Bodes produce

Answer 38

Subordinate legislation

Question 39

Delegate bodies definition

Answer 39

legislation made by a person or body, other than the sovereign in parliament, through virtue powers conferred by statute/legislation, which itself is made under statutory powers

Question 40

Why create delegate bodies and examples in Manitoba

Answer 40

legislature doesn't have time to deal with every issue in a city etc Winnipeg City Council, Municipal Act/Police, School Boards

Question 41

Describe Influence of Delegate bodies

Answer 41

influence overestimated, constitutes by far the largest number of laws

Question 42

Describe Effect of Delegate bodies

Answer 42

regulates, organizes and directs social conduct by implementation of general legislative policies embodied in statues

Question 43

Subordinate legislation alternative names

Answer 43

regulation, orders, rules, bylaws or ordinances

Question 44

2 Principals of Administrative Law involving delegate bodies and delegates

Answer 44

1. Delegate bodies can only create legislation within the jurisdiction given by its statutes 2. Delegates can't delegate (delagatus non potest delagare)

Question 45

Ultra Vires

Answer 45

Ultra vires - beyond power/jurisdiction is void (no effect)

Question 46

2. Delegates can't delegate (delagatus non potest delagare)

Answer 46

Cannot further delegate power etc fire department delegate to police unless legislation allows

Question 47

1. What was the most significant institution creating law in 20th century? 2. In early 20th century, delegate bodies exploded and roles of court changed, what changed and what was the famous case?

Answer 47

1. courts and by the judges - when disputes arises so reactive not proactive 2. Legislatures acted proactively so courts not restricted (Estor Brown) Courts vs legislature

Question 48

Why did Legislature become Proactive 3 reasons

Answer 48

1. In order for courts to make law, must wait for disputes to arise - judges conservative, uneducated 2. Previously no great demand for laws until industrial revolution, legislative process was difficult/expensive 3. society finally had enough wealth to support ongoing legislature function

Question 49

Industrialization (Industrial Revolution) and Proactive Law (3-4)

Answer 49

Society was richer overall created new problems to be solved allow legislation to supply power to courts created middle class that demanded changes to occur parliament supremacy over judicial