Midterm 1 Powerpoint slides Flashcards
(29 cards)
What is a law?
a law is a rule which regulates the conduct of people and businesses
What is law in general?
the law is jurisdiction-based collection of rules which impose penalties when the rule is ignored or disobeyed
What are the functions of law?
Protection of rights and privileges, restriction of rights and privileges and the control and enforcement of rights and privileges
What is the common law?
judge-made law based on the doctrine of precedent(use of previous judgements as an aid to later decisions)
Where did the common law originate?
Common law originated in Britain and is used in all of the provinces and territories except Quebec
What is the law of Equity?
Developed when the common law did not provide a suitable remedy through the provision of money damages
Two types of equity remedies?
Specific Performance and Injunction. Specific performance makes you DO something like complete a real estate purchase. Injunction makes you STOP doing something
Division of law making authority
1867 BNA act divided authority to make law between the federal and provincial governments.The subject matter or the law determines which government has jurisdiction
What is the 1982 Canadian constitution consist of?
BNA act and the Charter of Rights and Freedoms. It gives the courts authority to strike down government action that exceeds jurisdiction or contravenes the principles of the charter
What is the Charter of Rights and Freedoms?
has the fundamental and basic rights of Canadians, it cannot be changed unless approved by two-thirds of the provinces which contain 50% of the population
Exception of Charter and Rights and Freedoms: “Rights are subject to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.
government can override constitutional freedoms if they can justify a law restricting one of the rights or freedoms.
In the charter of rights and freedoms what is the “Not withstanding clause”
it permits a government to enact legislation that overrides some parts of the charter if its purpose is to achieve an important government goal. expires after 5 years
What is a statute law?
A statute is a law that arises from a legislative process
Legislative process in making a statute law?
initiated by elected representatives, if approved brought into force if there is a conflict between a statue and the common law the statute law prevails, there are three levels of statute law: federal, provincial and municipal.
how is the judicial system organized?
it is organized according to geographical considerations, monetary amounts and jurisdiction by subject matter
What is a litigant?
A person who is suing somebody, they commence a lawsuit in a court or trial court
What happens if a party believes the judge erred in the application of the law to the facts, severity of a sentence or in the amount of damages?
the appeal may be commenced
What does the federal court trial division do?
handle subject matter such as taxation, patents, trademarks and copyright * appeals from federal boards and commissions
What does the federal court of appeal do?
hears appeals from the trial division
What does the supreme court of canada do?
hear an appeal from the federal court of appeal and from a provincial or territorial court of appeal
Provincial court: Civil law courts do what?
have jurisdiction to hear disputes among corporations, individuals and governments and some are limited to special subject matters
What do small claims courts do?
have jurisdiction to hear disputes concerning less than $25,000
What do provincial supreme court do?
hear civil matters with an unlimited monetary jurisdiction.
What do criminal courts do?
deal with criminal subject matter under federal statues as well as offenses under provincial and territorial statutes and municipal bylaws.
