defs/concepts Flashcards
common law
-JUDGE made law
-uses past to guide present day behaviors
statute law
law passed by the legislative branch of a government
political culture
basic values, feelings, and knowledge that underlie(basis of) the political process; how culture impacts politics
legal culture
values, ideas and attitudes that a society has with respect to its law
legal pluralism
theory that argues that law can:
-be produced by various actors (state and non-state)
-at different sites
-multiple legal regimes exist at the same time
precedent
judicial decision in an earlier case that governs resolution of future similar disputes
Binding precedents
must be followed
persuasive precedent
court does not have to follow, but may take into account
Distinguishing a precedent
argue that there is a significant difference between the precedent and the case
-result; precedent is inapplicable
What is stare decisis?
principle in common law that requires lower courts to follow decisions of higher courts
What is parliament?
federal legislature of Canada
What is parliamentary supremacy? What does parliament have the power to do?
belief that Parliament is the supreme law maker;
-power to enact, amend, and repeal laws
-and overriding or modifying common law rules
What is access to law?
effective right + ability of individuals to;
-advance legal claims to protect their interests
-defend themselves against claims by others
What is rule of law? What must government action be?
a principle that no one is above the law
-all government action must be authorized by law + exercised within the limits set by it
What is a system of law?
set of historically rooted beliefs + practices /w respect to how law is;
-formed
-its nature
-its role in society
-organization of the legal system
