Legal System Flashcards
Common law characteristics (3)
- Fairness
- Consistency
- Predictability
Terms to describe common law (synonyms) (4)
- Stare decisis = following precedent/to stand by a previous decision
- Case law
- Precedent
- Judgements
Law definition
Body of rules made by parliament, legislatures, government agencies, and the courts, having BINDING LEGAL FORCE
Sources of Canadian Law (2)
- STATUTE law = legislation
- COMMON law = case law/precedent
Statute law
Formal, written enactment of legislative body whether federal/provincial/municipal
Common law
= body of law which derives and develops through judicial decisions
Categories of law (4)
- Substantive law = can/cannot do
- Procedural law = determines how substantive laws are enforced
- Public law
- Private law
Substantive law
Rules that govern behaviour and sets limit on conduct
Procedural law
HOW rights and obligations are enforced
Ex: right to remain silent
Public law
Regulates our relationship with the government
Includes constitutional law
Category of law is CRIMINAL law
Public
Private law
Regulates personal, social, and business relationships
Whether LAW is binding depends on: (2)
- Jurisdiction: geographical
- Level of court precedent from
Hierarchy of courts / chain of appeal
- SCC: Supreme Court of Canada
- ABCA: provincial court of appeal
- ABKB: Provincial superior court
- ABCJ: provincial court (lower)
- Provincial/ administrative tribunals (sit between superior and lower)
Supreme Court of Canada
____ court of appeals for ___
- decisions binding on who?
- which courts must follow SCC precedent
- justices sit in panels of _
- trial or appeal court
FINAL court for ALL of Canada
Decisions binding in all of Canada
All courts must follow
Justices sit on panels of 5,7 or 9
Strictly appeal court
ABCA
- appeal or trial
- must follow who/who must follow
-binding where
- justices
Provincial court of appeal
- highest court in AB
- APPEAL court -> no trials
- must follow SCC precedent
Decisions binding on lower courts in AB (ABKB, ABCJ)
Binding in AB - may be PERSUASIVE in other provinces
Justices sit in panels of 3 or 5
ABKB
Provincial superior court
Primarily trial court, do hear some appeals
Appeals from ABKB go to ABCA
Decisions binding on lower court (ABCJ)
Binding in AB, may be (mildly) persuasive in other provinces
May be jury trial or one judge —> choice of accused
ABCJ
Alberta Court of Justice, Provincial Court
- TRIAL court
- lowest court in AB
- no juries
- not binding in other courts or tribunals
Not very persuasive in other provinces
5 divisions
5 divisions of ABCJ
- Civil
- Family
- Criminal
- Youth
- Traffic
Doctrine of precedent
Like cases should be treated alike
Precedent
= prior cases which are close in facts/legal principles to the case in consideration
Precedent is binding when:
Court is COMPELLED to decide a case in same way as earlier case (must be applied)
Precedent is PERSUASIVE when
When court NOT COMPELLED to decide case in same way, but might give it consideration (may or may not apply)
Precedent is DISTINGUISHABLE when
When it contains an ESSENTIAL DIFFERENCE (significant element) from case being decided that makes it INAPPLICABLE (on surface seems persuasive but not )
