Law ENH 121 Flashcards
What Characterizes Law?
- Equality
- Neutrality
- Force
- Reason
- Morality
Roles in Law
- Plantiff
- Defendant
- Judge
- Citizens
- ## Police (enforce law)
2 forms of Justice
Procedural - where interests are decided by others
Distributive - distribution of things in a society.
What is the economic perspective?
People have their own interests in an economy that will lead them to do great, but the economy may not be able to meet their specific needs. This is why we have freedom to bargain with each other.
Categories of Law
hint 3 types
Private Law - disputes between people, no public interest.
Public Law - law related between individual and state.
Administrative Law - administrative regime making law for a certain Board or tribunal.
What is Standard of Proof?
It is how far an individual goes to convince the judge
Procedural vs. Performance
Pros/Cons
Procedural Pros - easier to enforce
Procedural Cons - More gaps
Performance Pros - Flexible
Performance Cons - More work to justify opinion.
Jurisdiction
It is the domain where entity has power to do things.
Geographic - entity has authority
Subject Jurisdiction - some are federal some are provincial.
How are Acts Made?
They are first passed by a legislature as a bill. They are open and public during the making.
Acts are statues
What are Regulations?
They are passed by a cabinet and are more detailed than acts. More procedural than performance.
Statutory Interpretation
The intention of the legislature must be proven.
What is Commencement?
When the act actually comes to play.
Adversarial vs. Inquisitorial
Adversarial - judge watches parties fight it out
Inquisitorial - judge finds the evidence themselves.
What is constitutional law?
law about law or rules about rules.
sets framework for government and tells us who can make laws about certain subjects.
Division of power
levels of government
2 levels of government - federal and provincial.
Main features of Law
- federal
- democratic
- open society
- independant
What did Trudeau do?
He brought the charter forward and made the laws more aligned.
Who does the Charter protect?
It protects the people and The parliamentary supremacy.
What does charter grant?
It grants rights and freedom of the people.
Who does the charter apply to?
It applies to the government.
What is section 24(2)?
It is where the people withhold evidence that can be used or if gathering this evidence denied the rights or freedom under the charter.
What is the Oakes test?
Where something regards to the charter must be justifiable and reasonable.
Human rights code
all equal rights of the people is the foundation of freedom.
Definition of disability
Physical
malformation
bodily injury
