Legal System

Question 1

Common law characteristics (3)

Answer 1

1. Fairness
2. Consistency
3. Predictability

Question 2

Terms to describe common law (synonyms) (4)

Answer 2

1. Stare decisis = following precedent/to stand by a previous decision
2. Case law
3. Precedent
4. Judgements

Question 3

Law definition

Answer 3

Body of rules made by parliament, legislatures, government agencies, and the courts, having BINDING LEGAL FORCE

Question 4

Sources of Canadian Law (2)

Answer 4

1. STATUTE law = legislation
2. COMMON law = case law/precedent

Question 5

Statute law

Answer 5

Formal, written enactment of legislative body whether federal/provincial/municipal

Question 6

Common law

Answer 6

= body of law which derives and develops through judicial decisions

Question 7

Categories of law (4)

Answer 7

1. Substantive law = can/cannot do
2. Procedural law = determines how substantive laws are enforced
3. Public law
4. Private law

Question 8

Substantive law

Answer 8

Rules that govern behaviour and sets limit on conduct

Question 9

Procedural law

Answer 9

HOW rights and obligations are enforced
Ex: right to remain silent

Question 10

Public law

Answer 10

Regulates our relationship with the government
Includes constitutional law

Question 11

Category of law is CRIMINAL law

Answer 11

Public

Question 12

Private law

Answer 12

Regulates personal, social, and business relationships

Question 13

Whether LAW is binding depends on: (2)

Answer 13

1. Jurisdiction: geographical
2. Level of court precedent from

Question 14

Hierarchy of courts / chain of appeal

Answer 14

1. SCC: Supreme Court of Canada
2. ABCA: provincial court of appeal
3. ABKB: Provincial superior court
4. ABCJ: provincial court (lower)
5. Provincial/ administrative tribunals (sit between superior and lower)

Question 15

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

Answer 15

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

Question 16

ABCA
- appeal or trial
- must follow who/who must follow
-binding where
- justices

Answer 16

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

Question 17

ABKB

Answer 17

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

Question 18

ABCJ

Answer 18

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

Question 19

5 divisions of ABCJ

Answer 19

1. Civil
2. Family
3. Criminal
4. Youth
5. Traffic

Question 20

Doctrine of precedent

Answer 20

Like cases should be treated alike

Question 21

Precedent

Answer 21

= prior cases which are close in facts/legal principles to the case in consideration

Question 22

Precedent is binding when:

Answer 22

Court is COMPELLED to decide a case in same way as earlier case (must be applied)

Question 23

Precedent is PERSUASIVE when

Answer 23

When court NOT COMPELLED to decide case in same way, but might give it consideration (may or may not apply)

Question 24

Precedent is DISTINGUISHABLE when

Answer 24

When it contains an ESSENTIAL DIFFERENCE (significant element) from case being decided that makes it INAPPLICABLE (on surface seems persuasive but not )

Question 25

Whether precedent is binding depends onL

Answer 25

1. Similarity of facts and/or legal issues involved
2. Whether the case can be distinguished by some significant element

Question 26

Whether precedent is binding on another court depends on

Answer 26

• the level of court
• whether the decision has been reversed or overturned by a higher level in the same jurisdiction