Foundations Of The Canadian Legal System Flashcards
All citizens have a say in government, choice to vote, electing ( or reolecting) officials
Democracy
This power is in the elite or upper class, educated, influential people with little or no regards for the people beneath
Aristocracy
Power is in the hands of a few influential individuals who have little or no regards for those beneath them
Oligarchy
Power is in the hands of one individual who has the support of the military, the leader stays in power until he dies or is overthrown- no safeguard
Dictatorship
Power is inherited, passed down the royal family line, maintaining tradition, but providing no safeguards for citizens
Monarchy
A form of government by god or a god or a priestly order claiming a divine commission
Theocracy
A previous case or legal decision taken as a guide for subsequent cases or as justification
Precedent
Laws common to all people, developed under recorded court. Decisions that eventually become judicial precedent.
English common law
The rules of conduct, enforced by the government sanction agencies for individuals and businesses to follow or face consequences
Definition of law
The idea that laws apply to everyone and protect everyone
Rule of law
Because our Canadian law system has its roots from French and British legal systems, it is sometimes referred to as…
Euro-Canadian
These folks introduced the idea of one supreme superior source of government, where the law would apply equally and universally to everyone
Roman: Rome, Italy
The name for the trained public eloquence speaker, interpret, and explain the law
Orators
These people were the first to use democratic principals and logical thinking and a trial system with judges, jury, and witnesses
Greeks
The ancient king of Babylon credited with the first written or fortified laws
Hammurabi
This governs the relationship between individuals and law concerned with individual and private concerns
Civil law
The prime minister of Canada is the right honorable
Justin Trudeau
Defines the methods of enforcing rights and obligations of citizens in the state, it is designed to ensure fairness & the process in the legal system by defining the steps in action is..
Procedural law
This one includes those laws that are made as deterrents to actions which would be harmful not only to the individuals but also to the community as a whole. It is public law focusing on societal provincial rehabilitation and punishment
Criminal law
Who is the Governor General of Canada
David Johnston
This defines the rights & obligations of citizen in state, it clearly identifies the substance of the Law by describing an offense and the facts that must be proven in establishing that an offense has been committed
Substantive law
Who’s the Canadian head of state
Queen Elizabeth the second
This safeguards the public interest and those governing and regulating the interaction of government in a peak, it includes criminal law, administrative law, common law, constitutional law, and the public international law.. So it’s under the umbrella called?
Public law
A written agreement voluntarily entered into by two or more sovereign state creating mutual binding obligations
Treaty
This is the system of juris proves that originated in England and was later applied in Canada. It is based on legal precedent rather than legislative and it embodies the decisions of the judges together with the reasons that they assigned their decisions would be..?
Common law or case law
Actions of the legislature, in Canada an active provincial legislature or the federal parliament adopted pursuant to constitutional authority, statutes, constitutive primary source of law and prescribed conduct, defined crimes, create government bodies, appropriate public money’s, and in general promote the public gooden welfare. In Canada the constitution Act, 1982 divides the legislative power between the provincial legislature and the parliament of Canasa
Statute law
Is the military federal or provincial
Federal
Are old age pensions and security’s federal or provincial?
Federal
Are Indian affairs federal or provincial?
Federal
Is education federal or provincial
Provincial
Is citizenship federal or provincial?
Federal
Is Marriage/divorce federal or provincial?
Federal
Is labor and trade unions provincial or federal?
Provincial, think of the Saskatchewan teachers federation because they have their own Union
Are postal services federal or provincial?
Federal
Is taxation and currency federal or provincial
Federal
Is workers compensation federal or provincial?
Provincial
Is criminal law provincial or federal
Federal
The four admissions of our culturally based laws include..
A. Religion, B. Precedence, C. Social and political philosophy, D. History
The four admissions of our culturally based laws include..
A. Religion, B. Precedence, C. Social and political philosophy, D. History
Religion, Canada’s as are Americans are judio Christian, what does that mean?
Pertaining to the roots of our Christian heritage, which has its Roots in the Christian holy Bible. Christians recognize the Ten Commandments of the Old Testament within Judaism as the foundation of our legal principles both in Canada and the USA. Witnesses swear the Christian truth on the bible for the most part, although now when you go to court there are people don’t recognize the bible as meaning anything and so they may swear on the holy Koran or may swear by nothing bc/ they don’t believe in anything.
How do precedents contribute to the Canadian legal system?
A previous case or legal decision is taken as a guide for subsequent cases or as a justification. If it is a lower court than the court that set the precedent, the lower courts have to follow the higher courts decision. But if it’s a higher court deciding then the higher court doesn’t have to follow the precedents by the lower court. Precedents make decision making more consistent and justifiable.
Social and political philosophies, what do these have to do with the Canadian legal system?
We are a democratic monarchy governed by elected officials. We live in a democracy where a monarchy governed by elected officials. We have a constitution and the charter of rights and freedoms that applies equally to everyone, the rule of law.
What does history have to do with our Canadian legal system?
Customary or common law refers to something commonly done within a culture rather than just a statute. Canadian law is based on the British judicial system where case law or precedents are established and followed. The Romans gave us the idea that everyone is equal under the law. The Greeks gave us the idea that everyone should vote and that juries made of your peers can help make decisions.
The folks who make and enforce the law in Canada are who?
Police, the legislature, courts, judges, the juries, correctional systems, jails, and penitentiaries, RCMP, city police, municipal police, provincial police, and municipal councils with aboriginals enforce the law, legislature or the parliament make the laws.
What does trial by ordeal mean? Give an example
If a person could not survive an ordeal or a punishment then it was believed to be Gods will that you should die, bc/ you were guilty. If authorities thought that you were guilty of a crime they could weigh you down, put you in a sack, and throw you in the river. If you drowned, God thought you were guilty.
What is a Governor General
The chief representative of the crown. Which the British monarch is head of state
