Law 12 Exam - Unit 1 Flashcards
What are the three sources that Canadian laws originate from?
- Constitutional law
- Statute law
- Common law
What other name does common law go by?
Judge-made laws
Describe the system of “Stare-decisis”
Relying on the decisions made by other courts when determining the outcome of similar cases
What is statute law?
Law or act passed by government and elected representatives
List six subsections of law that fall within federal jurisdiction
- Criminal law
- Federal penitentiaries
- Employment insurance
- Banking and currency
- Marriage and divorce
- Postal services
List five subsections of law that fall under provincial jurisdiction
- Laws affecting hospitals
- Police forces
- Property rights
- Highways and roads
- Provincial jails
What is bylaw?
Bylaws are laws that deal with local issues and are passed by municipal governments
What is an example of a self-governing Indigenous group, what do they have jurisdiction over?
Nisga’a First Nations, they make laws regarding marriage, adoption, education, and provision of social and health services
What form of law overrides all other laws?
Constitutional law
What is international law?
Laws that govern the relations between independent nations
What are three types of international agreements that Canada has entered into with other countries?
Extradition treaties, free trade agreements, and defense treaties
What are two organizations that have international legal status?
UN and the International Court of Justice
Does an international police force exist?
No
What is domestic law?
Laws that govern activity within a nations borders
When you travel to another country, what legal system governs you?
That country’s government and laws
Define substantive law
Law that defines the rights, duties, and obligations of citizens and government
Administrative law
Law related to the relationship between people and government departments, board, and agencies
Criminal law
Law that identifies crimes and prescribes punishment
Procedural law
Laws that prescribe the methods of enforcing the rights and obligations of substantive law
What is the goal of procedural law
To help ensure that all citizens are treated fairly and that the courts nor police can act arbitrarily
In Canadian law, who is permitted to law a criminal charge
The crown attorney
What is private law?
Law governing the relationships between private individuals or individuals and organizations
What is the main purpose of private law?
To regulate and compensate individuals who have been harmed by the wrongful actions of others
What is tort law?
Branch of civil law that holds persons or private organizations accountable for damages they have caused another person as a result of accidental or deliberate action
What is contract law?
Branch of civil law that provides rules regarding agreements between people and businesses
What is family law?
A branch of civil law that deals with various aspects of family life
What is estate law?
A branch of civil law that is concerned with the distribution of property after death
What is property law?
Branch of civil law that governs ownership rights in property
