Intro to the Legal System - Sources of Law Flashcards
Where did the common law legal system originate?
England
What are the 3 characteristics of the Common Law Legal System?
- Fairness
- Consistency
- Predictability
What are some terms used to describe Common Law
- judgements, judge-made law, judicial authority, judicial decisions
- caselaw
- precedent
- stare decisis (latin term)
Law is the body of _______ made by Parliament, L___________, Government Agencies and the _________, and have binding legal force
rules, Legislature, Courts
What is statute law?
legislation (a formal written enactment of a legislative body)
what is common law?
law derived and developed through judicial decisions (judgments, caselaw and precedent)
What are the 4 main categories of law?
- Substantive law
- Procedural law
- Public law
- Private law
What is substantive law?
the rules that govern behaviour and sets limits on conduct
Whether law is ‘binding’ depends on what 2 factors?
- jurisdiction (geographical)
- level of court the precedent comes from
What is the highest level of the Canadian Court System?
The Supreme Court of Canada
What falls directly below the SCC in the hierarchy of the Canadian Court system?
- Court Martial Appeal Court
- Provincial Court of Appeal
- Federal Court of Appeal
The Provincial Superior Courts can also be known as what?
The Court of Kings Bench
What are the main characteristics of the Supreme Court of Canada (SCC)
- 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
What are the main characteristics of the Provincial Court of Appeal (ABCA)
- 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
What are the main characteristics of the Provincial Superior Court, aka Alberta Kings Bench (ABKB)
- 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
What are the main characteristics of the Provincial Court, aka Alberta Court of Justice (ABCJ)
- 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
What are the 5 divisions of the Alberta Court of Justice (Provincial Court)
- civil
- family
- criminal
- youth
- traffic
What does “Stare decisis” mean?
Means to abide by past decisions
What is a PRECEDENT?
prior cases which are close in facts or legal principles to the case under consideration
When is a precedent considered “binding”?
When the court is compelled to decide a case in the same way as an earlier case (must be applied)
When is a precedent considered “persuasive”?
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)
When is a precedent considered “distinguishable”?
when it contains an essential difference from the case being decided so it is inapplicable
What is Parliamentary Supremacy?
The doctrine that Legislation (law made by Parliament or Provincial Legislatures) overrides the common law (judge-made law)
What is Subordinate Legislation?
rules made by lower levels of government (regulations made by cabinet and government departments, bylaws made by municipal governments, rules made by administrative tribunals)
True or False?
Subordinate Legislation overrides the common law (judge-made law)
True
The Courts may strike down any legislation (law, regulation, bylaw, administrative rule) that is found to be ________________
Unconstitutional
What are the 3 branches of government?
- Legislative
- Executive
- Judicial
What branch of government does the Prime Minister and Federal Cabinet fall under?
Executive Branch
What branch of government does Parliament fall under?
Legislative Branch
