Definitions Flashcards
Trial by ordeal
An accused person is subjected to painful and dangerous tests with the assumption that God would intervene
Trial by oath helping
requires a friend to swear to the bible defending the accused
Trial by combat
A duel would be arranged between the disputing parties with the belief that God would help the innocent party
Divine right
the concept that monarchs and their successors divided their power to rule from God
Assizes
travelling courts
Circuit judges
Judges of traveling courts
Case law
a method of deciding cases based on recorded decisions from similar cases
Common law
Law based on British customs and traditions
Stare decisis
a Latin phrase “to stand by the decision”
Rule of precedent
applying a previous decision to a case that has similar circumstances
Magna Carta
Document that is the cornerstone of English and Western democracy and is the basis of our civil rights. Signed in 1215.
Habeas corpus
a court order designed to prevent unlawful arrest
by ensuring that anyone detained is charged before a court within a reasonable amount of time
Quebec Civil Code
system of law used in Quebec for resolving private matters
International law
law that governs relations between independent nations
Domestic law
law that governs activity within a nations borders
Substantive law
law that defines the rights, duties, and obligations of citizens and the government
Procedural law
Law that prescribes the methods of enforcing the rights and obligations of substantive law
Public law
law related to relationships between an individual and the state
Administrative law
law related to the relationship between people and government departments, boards, and agencies
Criminal law
law that identifies crimes and prescribes punishment
Private (or civil) law
law governing the relationships between private individuals and between individuals and organizations
Tort law
A tort is a civil or private wrong committed by one person against another
Contract laws
specifes legal binding agreements to enter into a contract. Both parties must voluntarily sign, be in the right state of mind, and must intend to make a legal relationship
Family law
the branch of civil law that deals with various aspects of family life, along with marriage and divorce
Estate law
the branch of civil law concerned with the division and distribution of property after death
Property law
civil law that governs ownership rights to property
Employment law
civil law that governs employer and employee relationships
Unitary system
a one level system of governing
Federal system
a two level system of governing
Residual powers
federal responsibility to make laws in legislative areas not assigned to provinces
Intra vires
within the power of government to pass laws
Ultra vires
Beyond the powers of the government and the court will step in
Statute of Westminster
Passed in 1931, Canada became a fully independent nation with respect and law
Shared cost agreements
arrangements between the two levels of government to share the cost for programs in areas not identified in the BNA Act
Civil liberties
basic individual rights protected by law (freedom of speech)
Patriate
to bring legislative power under the authority of the country to which it applies
Principle of Equalization
provides for equal access to essential services for all Canada
(having access to services in any language)
Amending formula
procedure for changing the constitution
Canadian Charter of Rights and Freedoms
sets out constitutionally protected rights and freedoms
Executive branch
the administrative branch of government responsible for carrying out the governments plans and policies
Legislative branch
the branch of government that has the power to make, change and repeal laws.
Judiciary
the branch of government responsible for presiding over Canadas court system
Bill
Proposed legislation
Public bill
Legislation proposed by a cabinet minister
Private members bill
legislation proposed by an MP who isn’t in cabinet
Lobby groups
People who try to influence legislators in favor of their cause
Justinian Code
A collection and publication of the laws of the Roman Empire; this code would lead to the development of the legal profession
Section 91 and 92 of the BNA
Sections in the constitution act, it divides the Federal and Provincial powers
Constitution
A formal document setting out the legal structure of a nation based on a political foundation
Canada Act 1982
This act was passed by the British Parliament allowing Canada to patriate the constitution
The Constitution Act 1982
Passed on April 17, 1982 by Queen Elizabeth II. It consisted of all statues that previously made up our Constitution and it now included the Charter of Rights and Freedoms
Appointments to the Senate
New senators must be accepted by both the Federal and Provincial government, they must also be one third french Canadian
Crime
An offence against society or the state that society considers unacceptable and deserving punishment
Democracy
a system of government by the whole population or all the eligible members of a state, typically through elected representatives.
