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Intro to Law > Key Terms > Flashcards

Key Terms Flashcards

1
Q

a type of civil wrong for which damages can be obtained by the person wronged

A

tort

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2
Q

Canada’s highest court and final court of appeal

A

Supreme Court of Canada (SCC)

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3
Q

section 52(1) of the Constitution Act, 1982, which provides that the Consititution is the supreme law of Canada and empowers the courts to find that laws that are inconsistent with the Constitution are of no force and effect

A

supremacy clause

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4
Q

least serious type of offense in the Criminal Code (for example, tresspassing or distrubing the peace), tried only in provincial court and subject to the lightest sentences

A

summary conviction offence

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5
Q

review of an administrative decision’s merits that considers both the legal and factual bases of the tribunal’s analysis

A

substantive review

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6
Q

law that deals with core rights and obligations

A

substantive law

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7
Q

warrant, issued by a justice of the peace or a provincial court judge, authorizing police to conduct a search

A

search warrant

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8
Q

primary form of legislation

A

statutes

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9
Q

Latin phrase (“to stand by decided matters”) referring to the common law principle that a precedent is binding on lower courts in the same jurisdiction

A

stare decisis

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10
Q

business that is owned and operated by an individual and that is not a legal entity seperate from the owner

A

sole proprietorship

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11
Q

theory of justice based on lex talionis, or the law of retaliation

A

retributive justice

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12
Q

law dealing with the legal relationship between a state and individual members of the state

A

public law

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13
Q

provincially constituted courts with inherent jurisdiction to hear all matters (unless taken away by legislation) and with two levels, a trial level and an appeal level; sometimes refers just to the trial level

A

provincial superior courts

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14
Q

law relating to the process by which core rights and obligations are determined and enforced

A

procedural law

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15
Q

individual, corporation, or other entity who won at trial and is responding to the appellant on an appeal to a higher court

A

respondant

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16
Q

form of subordinate legislation passed by a person or body (frequently the government Cabinet) to expand on or fill out a statute’s legislative scheme

A

regulations

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17
Q

law that concerns the relationships between persons

A

private law

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18
Q

court decision that, under the doctrine of stare decisis, is binding on lower courts in the same jurisdiction

A

precedent

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19
Q

dispute resolution process whereby the parties talk to each other directly and seek a mutually acceptable solution to their problem

A

negotiation

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20
Q

area of tort law that addresses harm caused by carelessness, not intentional harm

A

negligence

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21
Q

source of law that is higher than human-made (or positive) law and with which human-made law must comply in order to be valid

A

natural law

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22
Q

human-made law, as opposed to a higher law (natural law) that transcends persons or institutions

A

positive law

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23
Q

agreement between the Crown and the defene on how the accused will plead in court and on the sentence they will receive

A

plea bargain

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24
Q

individual, corporation, or other entity who initiates a non-criminal lawsuit

A

plaintiff

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25
Q

describes a precedent that a court is persuaded to give some weight to but is not bound to follow because the precedent is from another jurisdiction or is otherwise not binding

A

persuastive

26
Q

dispute resolution process whereby the parties try to reach a settlement with the assistance of a third party

A

mediation

27
Q

also known as “philosophy of law” or “science of law”; concerns theories that are used to describe, explain, or criticize the law

A

jurisprudence

28
Q

refers (in the context of legislative power under the Constitution) to the subject areas over which the federal Parliament and the provincial legislatures have been assigned authority

A

jurisdiction

29
Q

period in which legal action must be taken or the ability to do so is lost

A

limitation period

30
Q

process by which a superior court can review the decisions of an administrative body or inferior court on two main grounds; substative review (review of merits of the decision) and procedural review (review of the process followed in making the decision)

of decisions by administrative bodies

A

judicial review

of decisions by administrative bodies

31
Q

formal name for bail; the release of an accused prior to their trial

A

judicial interim release

32
Q

theory, developed in the US and Scandinavian countries, that encouraged a more thoroughly empirical study of the process by which laws are made and applied

A

legal realism

33
Q

theory that the only valid source of law is the principles, rules, and regulations expressly enacted by the institutions or persons within a society that are generally recognized as having the power to enact them

A

legal positivism

34
Q

dual procedure offence, meaning that the Crown attorney has the option of choosing whether to prosecute it as a summary conviction offence or an indictable offence

A

hybrid offence

35
Q

rights that respect the dignity and worth of an individual

A

human rights

36
Q

feature of civil law proceedings whereby trial judges actively assist lawyers in presenting their cases and are free to call and question witnesses and to order investigations into other evidentuary matters; contrasts with the adversarial system used in common law courts

A

inquisitorial system

37
Q

law of indingenous peoples themselves, as distinct from states’ laws in relation to them

A

Indigenous law

38
Q

in the context of a partnership, the responsibility to act carefull and reasonably in the best interest of the firm

A

fiduciary duty

39
Q

procedural law area detailing rules relevent in all matters of proof, including non-litigious situations (such as applying for licences) but more commonly in court and tribunal proceedings

A

law of evidence

40
Q

lawyer’s obligation not to divulge information concerning a client’s affairs that has been acquired in the course of the professional relationship, unless the client authorizes the lawyer to divulge this information

A

duty of confidentiality

41
Q

in Canada, the division of state powers between the federal Parliament in Ottawa and the leguskatyres of the provinces and territories

A

federalism

42
Q

principle that fairness requires that certain “rights” be accorded to persons engaged with an administrative process, such as the right to notice, the right to be heard and to respondm the right to representation, and the right to an adjudicator who is free from bias or an appearance of bias

A

fairness/procedural fairness/natural justice

43
Q

theory of justice concerned with appropriate distributions of entitlements, such as wealth and power, in a society

A

distributive justice

44
Q

prejudicial treatment of people on the ground of race, age, sex, disability, or other recognized ground; prohibited by human rights legislation

A

discrimination

45
Q

state-sanctioned forum where disputes between opposing litigations are formally adjudicated

A

court

46
Q

individual, corporation, or other entity who defends a non-criminal lawsuit initiated by the plaintiff

A

defendant

47
Q

layer, also known as a Crown prosecutor or Crown counsel, who is an agent of the attorney general and who represents the Crown in court, particularly in criminal matters

A

Crown attorney

48
Q

judge or jury’s finding an accused person guilty of an offence

A

conviction

49
Q

law dealing with the distribution of governmental powers under Canada’s Constitution

A

constitutional law

50
Q

a bona fide (Latin for “in good faith”) requirement is one that exists for a legitimate reason - for example, safety - and that cannot be removed without undue hardship on the employer

in the context of employment

A

bona fide occupational requirement

51
Q

term used to describe a higher court decision that a lower court in the same jurisdiction must follow according to the principle of stare decisis

A

binding

52
Q

term describing the operation of two legal systems in one jurisdiction, such as the common law and civil law systems in Canada

A

bujural

53
Q

system of law based on codified rules; may also refer to private law

A

civil law

54
Q

tort requiring actual occurence of harmful or offensive physical contact

A

battery

55
Q

procedure by which the charge is read to the accused in open court and the accused is asked how they wish to plead

A

arraignment

56
Q

individual, corporation, or other entity who lost at trial and who initiates an appeal to a higher court

A

appellant

57
Q

process whereby a court is authorized by legislation to hear an appeal of an administrative decision, which is generally less restrictive than th ejudicial review process

(of decisions by administrative bodies)

A

appeal (of decisions by administrative bodies)

58
Q

sub-area of Canadian public law involving rights, land claims, and other legal issues concerning indigenous peoples in Canada

A

Aboriginal law

59
Q

“guilty act” or objective physical part of a criminal offense

A

actus reus

60
Q

government bodies created under various federal, provincial, and territorial statutes with the purpose of administrating particular statutory regimes

A

administrative agency

61
Q

administrative agency that fulfills quasi-judicial functions as part of its mandate

A

administrative tribunal

Intro to Law (3 decks)

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