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Administrative Law > Key terms > Flashcards

Key terms Flashcards

You may prefer our related Brainscape-certified flashcards:
MPRE flashcards MBE flashcards Civil Procedure 1L flashcards
1
Q

Law

A

rule made by a body of elected representatives or their delegates or by a court, using procedures that are also prescribed by law

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2
Q

Rule of law

A

The principle that the law applies to everyone

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3
Q

Constitution

A

The supreme law. Binding fundamental rules

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4
Q

Division of powers

A

a section of the constitution. Levels of government create laws that bind that level of government. Section 91 and 92

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5
Q

Branches of Government

A

Legislative, Executive, Judicial

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6
Q

Levels of Government

A

Parliament, Legislative, Legislative Assembly

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7
Q

Common Law

A

Stare decisis. A legal system based on precedent

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8
Q

Civil Law

A

A legal system based on written law

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9
Q

Statue Law

A

Laws created by parlaiment or the legislature

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10
Q

Tort

A

a wrongful act of omission which allows the wronged person to recover damages

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11
Q

Public Law

A

Laws that deal with the structure and operation of government. Governs relationships between public and private individuals

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12
Q

Private law

A

Laws that govern people (not the government)

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13
Q

Administrative law

A

Laws that govern the executive branch of government

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14
Q

Subordinate legislation

A

Legislation made by someone other than parliament or provincial legislature

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15
Q

Substantive legislation

A

laws that govern how society should behave. Is created by the parliament or legislature

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16
Q

Active system

A

a system like inquisitorial and adversarial but where adjudicators can participate.

17
Q

Adjudication

A

receiving and evaluating evidence from both sides

18
Q

Adversarial system

A

a system like Canada’s. Lawyers advocate for their clients. Judges take a passive role and only know what is said to them

19
Q

Inquisitorial system

A

a system where the judge takes an active role. all the facts are presented. Is more of enquiry than our system

20
Q

Quasi judicial

A

a non judicial body that can interpret law

21
Q

Tribunal

A

Similar to a court. Disputes between individuals/companies and government.

Administrative Law (4 decks)

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