LF Flashcards
What is Law?
a system of written rules created vy government and enforced by police officers.
What are the 3 types of rules?
- General rules or standard of behaviour (careless driving)
- condition rules (getting married.)
- Law of contracts
What does conjunctive rules mean?
All elements (A,B, And C) must be proved for legal result
What does Disinjunctive case rules mean?
Disinjunctive = Case only needs 1 of the elements to be satisified. (A, B, Or, C)
What does adversial system mean?
Truth will be best revealed when lawyers can present cases without interference from judge.
What are the 3 main sources of Canadian law?
Constitutional Law (SCC), Legislation (Statutes, By-Law, Case Law), and jurisprudence (Common law)
What does bijural mean?
Two legal systems, common law and civil law
What is the rule of law?
everyone in canada regardless of rank is subject to the law.
What is common law?
English based legal tradition that relies on case law or stare decisis.
What is civil law?
A system based on codified rules. Judicial decisons are not binding as there is no stare decisis.
How many legal jursidictions in Canada?
There are 14 legal jurisidictions in Canada. 10 Provincial, 3 terrritories. (Nunavut, Northwest Territories, Yukon.) & one federal
What are the two types of government we have?
- Constitutional monarchy and representive
- Parliamentry democracy
What is a responsible government?
Representives elected into HOC to rep best interest of their respective areas.
What is substantive law?
=Law that deals with core rights and obligations.
What is public law?
deal with the boundraies. Between crown(& society) vs individuals.
What is private law?
Between persons
What is a precedent?
A court decision binding to lower courts.
What is stare decisis
“To stand by things decided.” Court faces a legal argument, they will make sure their decision mostly lines up with previous court decision.
What is ratio or ratio decidendi?
The reason for the decision.
What does disinguishable mean?
When a lower court decides not to not to follow a precedent given from a higher court because of different facts in the case.
What does persuasive mean?
Describes a precedent that a court is persuased to listen to but is not bound because it is from another jurisdictions.
What does binding mean?
Higher court decison that a lower court in the same jurisidiction must follow.
What is a civil code?
Authoratitive legislative encoding of a countries private laws.
What is a modern treaty in Canada?
Treaties between indigenous people and the government of Canada made after 1973
