LF

Question 1

What is Law?

Answer 1

a system of written rules created vy government and enforced by police officers.

Question 2

What are the 3 types of rules?

Answer 2

1. General rules or standard of behaviour (careless driving)
2. condition rules (getting married.)
3. Law of contracts

Question 3

What does conjunctive rules mean?

Answer 3

All elements (A,B, And C) must be proved for legal result

Question 4

What does Disinjunctive case rules mean?

Answer 4

Disinjunctive = Case only needs 1 of the elements to be satisified. (A, B, Or, C)

Question 5

What does adversial system mean?

Answer 5

Truth will be best revealed when lawyers can present cases without interference from judge.

Question 6

What are the 3 main sources of Canadian law?

Answer 6

Constitutional Law (SCC), Legislation (Statutes, By-Law, Case Law), and jurisprudence (Common law)

Question 7

What does bijural mean?

Answer 7

Two legal systems, common law and civil law

Question 8

What is the rule of law?

Answer 8

everyone in canada regardless of rank is subject to the law.

Question 9

What is common law?

Answer 9

English based legal tradition that relies on case law or stare decisis.

Question 10

What is civil law?

Answer 10

A system based on codified rules. Judicial decisons are not binding as there is no stare decisis.

Question 11

How many legal jursidictions in Canada?

Answer 11

There are 14 legal jurisidictions in Canada. 10 Provincial, 3 terrritories. (Nunavut, Northwest Territories, Yukon.) & one federal

Question 12

What are the two types of government we have?

Answer 12

1. Constitutional monarchy and representive
2. Parliamentry democracy

Question 13

What is a responsible government?

Answer 13

Representives elected into HOC to rep best interest of their respective areas.

Question 14

What is substantive law?

Answer 14

=Law that deals with core rights and obligations.

Question 15

What is public law?

Answer 15

deal with the boundraies. Between crown(& society) vs individuals.

Question 16

What is private law?

Answer 16

Between persons

Question 17

What is a precedent?

Answer 17

A court decision binding to lower courts.

Question 18

What is stare decisis

Answer 18

“To stand by things decided.” Court faces a legal argument, they will make sure their decision mostly lines up with previous court decision.

Question 19

What is ratio or ratio decidendi?

Answer 19

The reason for the decision.

Question 20

What does disinguishable mean?

Answer 20

When a lower court decides not to not to follow a precedent given from a higher court because of different facts in the case.

Question 21

What does persuasive mean?

Answer 21

Describes a precedent that a court is persuased to listen to but is not bound because it is from another jurisdictions.

Question 22

What does binding mean?

Answer 22

Higher court decison that a lower court in the same jurisidiction must follow.

Question 23

What is a civil code?

Answer 23

Authoratitive legislative encoding of a countries private laws.

Question 24

What is a modern treaty in Canada?

Answer 24

Treaties between indigenous people and the government of Canada made after 1973