midterm

Question 1

common law

Answer 1

Judges are making judgements and not relying on higher authority, not interpreting the constitution, a legal system that we have.

(UK, Canada, USA, number of British colonies)

Question 2

sources of law (common law)

Answer 2

organic and experiental
case law (judge-made law, common law); legislation; written and unwritten constitution

Question 3

sources of law (civil law)

Answer 3

• comprehensive codification
• written codes; written constitutions

Question 4

legal reasoning (common law)

Answer 4

• stare decisis - “deciding like cases alike”

Question 5

legal reasoning (civil law)

Answer 5

• deductively applying principles in code to dispute before the court.

Question 6

tort law

Answer 6

• unwritten body

Question 7

hierarchy of authority

Answer 7

• constitution
• statutes
• common law/regulations/executive actions

Question 8

case law

Answer 8

• less authoritative than statutes but, it can invalidate statutes if court is interpreting the constitution. All statutes need to be interpreted in order to be applied. judgement made in cases, judge-made-law.

Question 9

statutes

Answer 9

• come from legitimate law-making institutions
• when parliament passes a law

Question 10

statutory citations

Answer 10

• comprised of three acts; title of the act, acronym the citation then the year.
• C= Canada

-O= Ontario

• if its newer than the consolidation then it automatically tells the year. consolidation year federal is 1985.
• consolidation year provincial is 1990

Question 11

arbitrations

Answer 11

• in the three parties selected similarly to a mediator, the difference is once the arbiter makes a resolution, it is legally binding on both parties.

Question 12

regulations

Answer 12

• deferred authority, body or entity, usually a commission is operating by borrowed authority
• Parliament passes a statute to create one of these boards, which gives it authority to bind.
• regulations have the legal authority and are binding, can be relevant but are not law
• soft laws might be considered regulation but are not legally binding
• these are legally binding, most easier to go through and are made by cabinet and through orders in councils.

Question 13

law and politics - influence one another

Answer 13

• the primacy of legal norms and instruments means law trumps
• _ is shaped by _, statutory law and wanting to remove all grad

Question 14

formalism

Answer 14

• asks how much does law do predominant during the 1900s
• acts as an automation info which legal documents and fees are stuffed at the top in order that it may spill forth the verdict at the bottom along with the reasons, read mechanically from codified paragraphs

Question 15

realism

Answer 15

• every legal concept is infinitely pliable, and all law Is situational law, thus every juridical decision is a political act

Question 16

public law

Answer 16

• constitutional law, criminal law, administrative law, taxation,
• commonality: the state is a party to the action

Question 17

private law

Answer 17

• contract law, tort law, property law, family law, estate law, corporate law
• commonality: the actions are between private citizens

Question 18

public law (federal)

Answer 18

• criminal law

-administrative law (immigration, environment, telecommunications, aeronautics)

• tax law

Question 19

public law (provincial)

Answer 19

• quasi-criminal (traffic laws)
• administrative law (education, labour, environment)
• tax law

Question 20

private law (federal)

Answer 20

• copyright law

-(private claims against the crown)

Question 21

private law (provincial)

Answer 21

• family law (custody, access, support, property division)
• tort law
• contract law

-commercial law

Question 22

law abiders

Answer 22

• follow the rules and laws

Question 23

law breakers

Answer 23

• abide the rules

Question 24

notwithstanding

Answer 24

• appears in a current clause

Question 25

subject to

Answer 25

• appears in a superseded clause (take the place of)

Question 26

includes

Answer 26

• prima facie extensive (covers a large area)

Question 27

means

Answer 27

• prima facie restrictive and exhaustive (restrictive is limiting, exhaustive is considering all elements or aspects)

Question 28

mandatory language (shall, must)

Answer 28

• language that prescribed the requirements of a standard in a manner that is clear. required.

Question 29

permissive language (may)

Answer 29

• an act which is allowed by court order, legal procedure, or agreement

Question 30

and

Answer 30

• both must sign

Question 31

or

Answer 31

• either one could

Question 32

and/or

Answer 32

• or both

Question 33

stare decisis

Answer 33

• to stand by decided matters, to stand by decisions and not disturb the undisturbed

Question 34

vertical stare decisis

Answer 34

• courts below in the judicial hierarchy must apply the precedent of the courts above

Question 35

horizontal stare decisis

Answer 35

• courts should maintain their own precedents

Question 36

mens rea

Answer 36

• guilty mind

Question 37

actus reus

Answer 37

• guilty act

Question 38

common law

Answer 38

• judges are making judgements and not relying on higher authority, not interpreting the constitution, a legal system that we have.

(UK, Canada, USA, number of British colonies)

Question 39

positivism

Answer 39

• the theory that laws are to be understood as social rules,

Question 40

sovereign

Answer 40

• the supreme authority in an independent political society.

Question 41

interpretation act

Answer 41

• legislature is aware of possible inconsistencies, it sometimes adopts explicit rules establishing an order of priority between different enactments.