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B LAW 201 > Intro to the Legal System - Sources of Law > Flashcards

Intro to the Legal System - Sources of Law Flashcards

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1
Q

Where did the common law legal system originate?

A

England

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2
Q

What are the 3 characteristics of the Common Law Legal System?

A
  1. Fairness
  2. Consistency
  3. Predictability
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3
Q

What are some terms used to describe Common Law

A
  • judgements, judge-made law, judicial authority, judicial decisions
  • caselaw
  • precedent
  • stare decisis (latin term)
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4
Q

Law is the body of _______ made by Parliament, L___________, Government Agencies and the _________, and have binding legal force

A

rules, Legislature, Courts

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5
Q

What is statute law?

A

legislation (a formal written enactment of a legislative body)

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6
Q

what is common law?

A

law derived and developed through judicial decisions (judgments, caselaw and precedent)

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7
Q

What are the 4 main categories of law?

A
  1. Substantive law
  2. Procedural law
  3. Public law
  4. Private law
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8
Q

What is substantive law?

A

the rules that govern behaviour and sets limits on conduct

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9
Q

Whether law is ‘binding’ depends on what 2 factors?

A
  1. jurisdiction (geographical)
  2. level of court the precedent comes from
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10
Q

What is the highest level of the Canadian Court System?

A

The Supreme Court of Canada

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11
Q

What falls directly below the SCC in the hierarchy of the Canadian Court system?

A
  1. Court Martial Appeal Court
  2. Provincial Court of Appeal
  3. Federal Court of Appeal
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12
Q

The Provincial Superior Courts can also be known as what?

A

The Court of Kings Bench

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13
Q

What are the main characteristics of the Supreme Court of Canada (SCC)

A
  • final court of appeal for all of Canada
  • decisions binding in all of Canada (even Quebec)
  • all courts in Canada must follow SCC precedent
  • justices sit in panels of 5, 7, or 9
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14
Q

What are the main characteristics of the Provincial Court of Appeal (ABCA)

A
  • highest court in Alberta (appeal court, no trial)
  • must follow SCC precedent
  • ACBA decisions are binding on lower courts in Alberta
  • binding in Alberta only, but may be persuasive in other provinces
  • justices sit in panels of 3 or 5
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15
Q

What are the main characteristics of the Provincial Superior Court, aka Alberta Kings Bench (ABKB)

A
  • primarily trial court
  • appeals go to ABCA
  • decisions are binding on the Alberta Provincial Court (lowest court in Alberta)
  • decisions binding in Alberta only
  • may be jury trial
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16
Q

What are the main characteristics of the Provincial Court, aka Alberta Court of Justice (ABCJ)

A
  • trial court
  • lowest court in Alberta
  • 5 divisions
  • no juries
  • not binding on other courts
  • uses precedents of higher courts
  • decisions are not very persuasive in other provinces
17
Q

What are the 5 divisions of the Alberta Court of Justice (Provincial Court)

A
  1. civil
  2. family
  3. criminal
  4. youth
  5. traffic
18
Q

What does “Stare decisis” mean?

A

Means to abide by past decisions

19
Q

What is a PRECEDENT?

A

prior cases which are close in facts or legal principles to the case under consideration

20
Q

When is a precedent considered “binding”?

A

When the court is compelled to decide a case in the same way as an earlier case (must be applied)

21
Q

When is a precedent considered “persuasive”?

A

when the court is not compelled to decide the case in the same way but must give it due to consideration (carries weight, may or may not be applied)

22
Q

When is a precedent considered “distinguishable”?

A

when it contains an essential difference from the case being decided so it is inapplicable

23
Q

What is Parliamentary Supremacy?

A

The doctrine that Legislation (law made by Parliament or Provincial Legislatures) overrides the common law (judge-made law)

24
Q

What is Subordinate Legislation?

A

rules made by lower levels of government (regulations made by cabinet and government departments, bylaws made by municipal governments, rules made by administrative tribunals)

25
Q

True or False?

Subordinate Legislation overrides the common law (judge-made law)

A

True

26
Q

The Courts may strike down any legislation (law, regulation, bylaw, administrative rule) that is found to be ________________

A

Unconstitutional

27
Q

What are the 3 branches of government?

A
  1. Legislative
  2. Executive
  3. Judicial
28
Q

What branch of government does the Prime Minister and Federal Cabinet fall under?

A

Executive Branch

29
Q

What branch of government does Parliament fall under?

A

Legislative Branch

B LAW 201 (8 decks)

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