lec 1 Flashcards
what does precedent mean
it is when there is a previous case that is similar to this one and the result of that case will be used to establish the penalty
what would happen if there isnt a similar case within your province
then the court would look to other provinces or higher courts to establish precedent
what are the three sources of laws
common law, equity courts, satutes
what is common law
this is based on precedent so looking back at past cases
how would the defence get around common law
to establish that the current case os materially different then the one they are taking precedent from
what is equity courts
this is strickly based on fairness
what are statues
a summarization or modification of common laws that is now a written law created by legislative bodies
what would be the leagal process for the law dealing with money laundering
- law makers identify the problem
- try to establish precedent
- they then create a bill
- then they push for that bill to become a law / statute
what is the rule of law
- no one is above law regardless of social factors
- the law should apply equally to all
what is constitutional law
this is the highest law in canada
what happens when a law violates the consitutional law
you can challange to get that law removed
what are the principles established by the magna carter
basically the british bill of rights
how do judges get to power in canada
they are appointed by the government that is elected
what is ultravirus
this is when the power is outside the authority (province)
what is inta virus
this is wehn the authority is within the province
