LAW 201 Flashcards
1
Q
adversarial system
A
system used in common law courts whereby the primary responsibility of the presentation of cases lies with the opposing litigants and their counsel
2
Q
Bill of Rights
A
english statue that formally ended the power of the crown to legsitale without consent of Parliament
3
Q
civil code
A
authoritative legislative encoding of a country’s private law
4
Q
common law
A
system of law based on the english legal tradition, relies of precedent rather than codified rules
5
Q
distinguishable
A
term given to precedent from a higher court that lower court decides not to follow -grounds that cases differ
6
Q
feudalism
A
socio-political system in medieval Europe based on relationships of obligation and allegiance among King, nobles and subjects
7
Q
Inns of Court
A
professional associations for lawyers in England and Wales with supervisory and disciplinary courts
8
Q
King’s Peace
A
ideal peace and well being of action that King was obligated to uphold and protect
9
Q
plantiff
A
who initiates a non-criminal lawsuit
10
Q
precedent
A
under doctrine of stare decisis is binding on lower courts of same jurisdiction
11
Q
ratio decidedi
A
referring to the governing rule in a case and way facts we applied
12
Q
stare decisis
A
common law principle that a precedent is binding on lower courts of same jurisdiction
13
Q
writ
A
obtained by plaintiff in which defendant was informed that a particular action has been started against them
14
Q
constitutional law
A
law dealing with the distribution of governmental powers under Canada’s constitution
15
Q
entrenched
A
enshrined by the Canadian constitution, cannot be changed unilaterally by federal government
16
Q
federalism
A
division of state powers between the federal parliament in Ottawa and legislates of provinces and territories
17
Q
Judicial Committee of Privy Council
A
highest appeal authority for cosines in British Empire
18
Q
Judicial Review
A
process by which court reviews the exercise of government power to ensure that it is constitutional
19
Q
patriate
A
remove a nations legislation or constitutional from the control of mother country and bring under country itself
20
Q
unitary government
A
a form of government whereby one supreme authority governs the whole country
21
Q
bicameral
A
legislature with two houses involved in passing of bill
22
Q
Bill
A
draft version of proposed statue
23
Q
chapter number
A
the number assigned to a statue when it is first passed or when it is republished in statutory revision
24
Q
commencement
A
coming into force” details when or how a statue comes into effect
25
consequential amendement section
section in a new statue that amends existing legislation to make ti consistent with new statue
26
constitutionally entrenched
describes a statue that falls within the definition of Constitution of Canada
27
defintion section
defines term --important to contract law
28
delegates non potest delegare
principle that a person or body whom protest power is delegated cannot sub delegate that power
29
devolution
legislative arrangement whereby a central authority grants woe to regional authorities that are subordinatee to the central authority
30
division of power
refers to the divided jurisdiction —betwee Parliament, on one hand, and the provinces of the other
31
double aspect law
a law whose subject matter falls within federal subject are and provincial
32
enabling section
section that delegates authority to make regulations to another person or body
33
federal paramountcy doctrine
in event of conflict of law in area the federal law prevails
34
jurisdiction
specific subject areas over which the federal government and provincial legislature aha signed authority
35
legislative intent
legislature’s express or implied intent in passing a statue
36
municipal bylaws
form of subordinate legislation passed in municipalities
37
parliamentary sovereignty
doctrine that Parliament has ultimate and complete power to pass nay law
38
POGG Power
general residuary power given to Parliament —fill gaps left by specifically enumerated areas of jurisdictionn assigned to the two levels of government
39
preamble
an introduction sentence that succinctly states the statues key philosophical aspect
40
private bill
a bill dealing with private matters that relates, for example, to a particular individual corporation or charity
41
proclamation
a special government order ring a statue into force
42
prorogued
formal end to senate session
43
public bill
a bill dealing wit matter of public policy
44
quasi-legislative materials
non-legislated written rules that relate to and affect legal process
45
reading
bill’s formal presentation to the legislature before it becomes statue
46
regulations
form of subordinate legislation passed by person or body that expand on or fill out a statues legislative scheme
47
revised statues
republished, revised collection of all public statues for a jurisdiction, providing a comprehensive snapshot as of the revision date
48
royal assent
formal approval of a bill by the Queen’s representative
49
section
basic unit of statue
50
separation of powers doctrine
doctrine according to which separate powers are assigned to the legislative, executive, and judicial branches of government
51
short title
abbreviated version of full state title
52
statues
primary form of legislation
53
statutory interpretation
process of interpreting legislation to resolve any ambiguities regarding its meaning or effect
54
subordinates
legislation passed pursuant to statue, whereby the principal law-making power has delegated authority to another body to make laws
55
supremacy clause
section 52 (1) which provides that the Constitution is the supreme law of Canada and empowers the courts to find that laws are inconsistent with the constitution are of no force of effect
56
ultra vires
outside the jurisdiction of enacting authority
57
unicameral
legislature with one house involved in passage of legislation
58
appellant
individual, corporation or other entity who lost at trial and intiates a higher court appeal
59
binding
higher court decision that lower court in same jurisdiction must follow
60
case
depending on context, refers to a reason for judgement,
61
defendant
individual, corporation or other entity who defends a non-criminal lawsuit initiated by plaintiff
62
dissent
judgement of one or more justicees in the minority
63
facta
written legal arguments to be presented on appeal
64
federal superior courts
federal court, federal court of Appeal, Tax court and Court of Marital Appeal
65
inferior courts
provincial and territorial courts who jurisdiction is limited to the less serious courts whose jurisdiction is limited to th eless serious criminal matters, family and youth
66
judgement
final outcome or disposition
67
judicial independence
principle that judges should be free to make decisions based on law and free from outside interference
68
neutral citation
unique citation protocol, recognized internationally and in all Canadian courts, according to which courts number each of their judgements consecutively for the year in question, as well as paragraphs
69
obiter dicta
statements made by the court in its reasons for judgement that may be of interest but that are inessential to the decision and therefore have no binding authority
70
open court principle
principle that judicial proceedings should be administered to public
71
persuasive
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 otherwise not binding
72
plaintiff
individual, corporation or entity who initiates non-criminal lawsuit
73
precedent
court decision that under the doctrine of stare decisis is binding on lower courts in the same jurisdiction
74
provincial superior courts
provincially constituted courts that inherit jurisdiction to hear all matters with two levels—an appeal and trial
75
puisne
term applied to describe judges who rank below another judge or judges on same court—judges below Chief Justice on appeal
76
ratio decidendi
the reason fro decision
77
reference
special case in which executive branch of government refers a question of law to a court of appeal, usually a question concerning the constitutionality of statues
78
reserve
postpone rendering a decision, so the court can carefully prepare the reason for judgement
79
respondent
individual who won at trial and who is responding to the appellant on appeal
80
section 96 courts
provincial superior courts referred to as this because judges are FEDERALLY appointed
81
style of clause
the name of the case or title of the proceeding, consisting of the names of the parties to the dispute
82
Supreme Court
highest court and final court of appeal
83
territorial superior courts
federally constituted superior courts with jurisdiction in territories
84
united family courts
special divisions of the trail level of a provincial superior court with complete jurisdiction over family matters, including matters that would otherwise be heard in provincial inferior courts
85
affirmative action
policy, particularly in relation to education or employment, intended to assist groups who have suffered past discrimination
86
bona fide occupational requirement
in the context of employment, requirement is one that exists for a legitimate reason—for example safety— and that cannot be removed without undue hardship on employer
87
assault
psychological tort involving one person’s apprehension of harmful physical contact from another person
88
battery
tort requiring actual occurrance of harmful of offensive physical contact
89
bilateral contract
contracts in the form of promise for promise whereby offeror promises something in exchange for reciprocal promise
90
cattle trespass
strict liability tort involving damage caused by strayed cattle or other farm animals
91
civil wrongs
a wrong that occurs in the context of relationship between persons and is addressed by one area of private law
92
compensatory draages
damages in tort claim that compensate the plaintiff for proven and recognized losses
93
consent (defence of)
a defence against a variety of tort claims that is based on the idea that the plaintiff was aware of the risks associated with he activity that led to damages and agreed to participate
94
contributory negligence
a defence against negligent tor claims, that is based on idea that plaintiff negligently contributed to her losses
95
defamation
allegations of impropriety that injure another person’s reputation
96
exclusion clause
clause in a contract listing the liability of one of the parties to a fixed dollar compelled
97
expectation damages
a remedy for contract disputes that attempts to place the innocent party in the position she would aha been in prior to
98
express terms
contract terms that the parties have considered and deliberately included in contract
99
false imprisonment
tort where one person totally restrains the movement of another
100
illegality (defence of)
defence of negligent claims that used to be applied when the plantiff and defendant were involved in criminal or immoral activity at the time, but si now mainly applied when the plaintiff is trying to use negligence action to avoid criminal penalty
101
implied terms
contract terms that the parties have not explicitly included but are nonetheless part of
102
libel
a kind of defamation that involves defamatory statements (writing,newspaper)
103
misfeasance
negligent tort that involves doing soemthing carelessly (as opposed to omitting soemthing)
104
misrepresentations
false representations made during contract negotiations
105
negligence
area of tort law that addresses harm caused by carelessness, not intentional
106
nominal damages
damages in a tort claim that reflect the breach of plaintiffs right where n actual loss has sustained
107
nonfeasance
negligent tort that involves omitting to do something the law requires you to do
108
nuisance
public or private
109
occupiers liability
the liability of occupiers of land for injuries that visitors sustain while on occupiers property
110
private nuisance
involves one person using her property in such a way as to interfere with another persons enjoyment or use of property but without any actual trespass
111
public nuisance
occurs when a public interest is interfered with—for example when a highway is obstructed
112
punitive damages
damages in a tort claim that are granted situations where the court wishes to punish the defendant for socially objectionable behaviour
113
rectification
for contract disputes based on errors in the written contract, a remedy whereby the court orders that the contract be rewritten to correct mistake
114
reliance damage
a remedy for contract that compensates the innocent party for expenses he incurred preparing for the performance of contractual obligations
115
rescission
returning a contact back to zero
116
restitution damages
a remedy for contract disputes that compensates the innocent party for money usually paid over by other party
117
rule in Ryalnds v Fletcher
strict liability rule that the person who brings a dangerous substance onto property is answerable for the damage it causes if it should escape
118
scienter action
a strict liability concerning damage caused by a domestic animal : based on idea that owner knew it was dangerous
119
slander
defamation transmitted via oral or other transitory forms
120
specific performance
a remedy for contract disputes whereby the court orders the party in breach to perform obligations as promised
121
strict liability tort
a tort for which the defendant is held responsible even if damage action was neither intentional nor a result of negligence
122
tort
civil wrong
123
trespass to goods
a tort whereby one person internationally interferes with another’s rightful possession of moveable property
124
trespass to land
physical intuition by one person onto land occupied by another
125
trespass to person
encompass there subcategories : assault, battery and false imprisonment
126
unilateral contract
contracts that are in the form of a promise of action the offeror promising something if the offeree accepts by performing action
127
vicarious liability
the strict liability of one party for the fault of another due to the special relationship between them
128
admiralty
area of law that concerns maritime trade and commerce and that has private international component
129
affinity
the relationship that a person has to the blood relatives of his or her spouse
130
agreement for sale
agreement by which a person selling his property agrees to finance the purchase himself, keeping the title to the property while allowing the purchaser to take possession of it, and then transferring the title to purchase once paid
131
annulment
legal cancellation fo amarrage
132
banns of marriage
public announcement in church of an impending marriage
133
beneficial owner
also called equitable owner, the person on whose behalf and for whose benefit the trustee holds and manages property
134
builders’ lien
charge against land that builders use to secure amounts owed them for work done on landowner’s property
135
charges and encumbrances
any claim on a parcel if real property
136
chattels
tangible, movable objects
137
chose in action
right to sue someone for unpaid debt or liability: intangible PP
138
conflict of laws
covers private law disputes that have interprovincial or international component
139
consanguinity
blood relationship between relatives
140
conveyancing
real estate transaction that begins after the contract is enter into and involves the actual transfer of title
141
deeds
formal documents showing ownership
142
defensible
term used for life estates thatch be terminated by fee simple owner if certain conditions are not met
143
elder law
area of private law that covers that covers various legal issues facing elderly
144
essentail validity
concerns a person’s capacity to marry and substantive requirements of valid marriage
145
fee simple ownership
the most absolute form of private ownership
146
fixtures
things that are attached to the land
147
foreclosure proceedings
proceedings that the mortgage brings against the defaulting mortgagor in order to foreclose the borrowers right to redeem property
148
formal validity
concerns the formalities or ceremonial requirements of marriage
149
freehold interests
from of property ownership that does not imply an obligation to pay rent
150
indefensible
not able to annulled, made or overturned
151
intellectual property
art, inventions, and designs q
152
interest
any right, claim or privilege tat an individual has with respect to real or personal property
153
joint tenancy
a form of co-ownership that features the right of survivorship as well as four unities :posession, time, interest, and title
154
leasehold interests
form of property ownership tat implies obligation to pay rent
155
legal ethics
area of law that deals with the ethical issues facing legal professional in all facets of their practice
156
life estate
ownership the fee simple owner grants to person exclusive possession of property for their lifetime—reverts back to fee simple after death
157
personal property
tangible, movable objects as well as intangible
158
right of survivorshipp
a main condition of joint tenancy whereby co-owners automatically inherit a deceased owner’s share
159
riparian rights
rights that are attached to property fronting lakes or rivers
160
succession law
private law that cover issues to dow ith wills and estates and transmission of property upon death
161
support
property owner’s obligation to consider who changes made to his property may affect neighbours
162
tenancy in common
does not involve right to survivorship or four unities, co-owner can transfer interests to others
163
Torrens system
registering property ownership that eliminates the transfer of title by deeds and replaces them withstautory transfer forms so that the title is indefeasible
164
trustee
legal title to property, but holds it for another
165
caveat emptor
buyer alone is responsible for ensuring the fitness of the goods he or she is purchasing
166
conspiracy
arranging with other sellers to lessen competition and therefore exploit customer
167
corporation
company or group of people authorized to act as single entity
168
fiduciary duty
responsibility to act carefully and reasonably in the best interests of
169
general partnership
business structure in which two or more persons carry business in common with view of profit
170
limited liability partnership
partnership structure used in certain professions in Canada. Partners are not liable for professional negligence of other partners
171
limited partnership
partnership involving at least one general partner, who operates the partnership and is liable for any partnership debts, and at least one limited partner who invests in the partnership but does not operate
172
sole proprietorship
business that is owned and operated by am individual that is not a legal entity separate from owner
173
actus reas
guilty act
174
aggravating circumstance
factor in the case that causes judge to impose a harsher sentence on the convicted person than she would otherwise do
175
appearance notice
document given to person, usually at come that requires person to com to court on certain date
176
arraignment
charge is read to accused
177
conviction
judge or jury’s ending an accused person
178
duty of disclosure
Crown’s mandatory disclosure to the accused, before trial, of the evidence against
179
hybrid offence
can be tried as either indictable or summary, Crown decides
180
indictable offences
most serious
181
indictment
written document , used in superior court describing offences with which the accused is charged
182
information
written document used in provincial court, describing offences with which the accused is charged
183
judicial interim release
formal name for bail
184
limitation period
period of time that legal action must be taken
185
mens rea
guilty mind
186
mitigating circumstances
a factor in the case tha causes the judge to impose a milder sentence on the convicted
187
plea bargain
agreement between Crown and defence on how the accused will plead in court
188
plead
answer criminal charges in ways permitted by CC
189
preliminary hearing
hearing before Provincial Court judge to determine whether the Crown has sufficient evidence to stand trial
190
pre-sentence report
prepared by probation officer that provides information about the background and character of offender
191
quasi-criminal offence
offences that are created by provinces and municipalities and that fall within provincial jurisdiction—health, education
192
summary conviction
least serious type of criminal offence
193
summons
a document served personally on an accused person requiring him or her to be in court on certain day
194
superior court of criminal jurisdiction
highest court in each province and territory to hear criminal matters, sometimes with a jury in designation saying by province
195
undertaking
a promise to appear in court at certain date and time
