MIDTERM Flashcards
Why is Statute Law better then case law
Statute law, on the other hand, provides stability and consistency because it is codified and available for all to read. Statutes are made by the federal and provincial levels of government. Laws passed by the third level of government—the municipal level—are called by-laws. Each of these levels passes laws through the life cycle described in the preceding section. A statute is a more effective and efficient way of regulating behaviour than leaving the issue to a judge to determine and monitor on a case-by-case basis.
Why are some laws described as procedural
The procedures that govern requirements, such as the documents to be served and filed and the time limits that must be met, are contained in a separate instrument; the Ontario version is called the Rules of Civil Procedure. For law enforcement personnel, it is as important to respect procedural law as it is substantive law. Procedural law provides the same rules for all participants in the process to follow. Failure to follow the procedural law can be very serious for law enforcement officers, law clerks, paralegals, and other participants.
The Life Cycle of a law and the stages it goes through
- Introduction
- Debate & Discussion
- Adoption
- Codification
- Amendment
- Repeal
What groups of people living in a society need
Laws, Laws permit groups (societies) to live together harmoniously by defining, communicating, and enforcing accepted behavioural norms. These norms can be religious or secular (non-religious); both kinds of norms can evolve into laws as we know them
Why would government decide to codify a common law (why would they put it into the criminal code)
The government may make this decision because it believes that the common law rules are appropriate and worthy of entrenchment in statute or because it disagrees with the common law rules that have developed on a certain legal issue and wants to ensure that changes are made.
Who determines legislative jurisdiction
in Canada, legislative jurisdiction is primarily determined by the Constitution, specifically the Constitution Act, 1867 (formerly known as the British North America Act, 1867). Here are the key components that define legislative jurisdiction in Canada
Where are you going to look for a statute thats been passed within the past 12 months
Electronic sources
* Ontario’s e-Laws website
https://www.ontario.ca/laws
* Federal government’s Department of Justice
website http://laws-lois.justice.gc.ca/eng/acts/
Paper sources
* Canadian Abridgment (Carswell)
* Canadian Encyclopedic Digest (Carswell)
What is a preamble of a statute
An introduction, made up of one or more provisions, the preamble sets out the objectives and guiding philosophy of the statute. The preamble can often provide some interesting insights into the socio-political context of the statute. It is also an official component of the statute for interpreting and enforcing the statute.
How would identify a statute as either provincial or federal
To identify whether a statute is provincial or federal, you can consider the following key factors:
- Constitutional Jurisdiction:• Federal Powers: The Constitution Act, 1867 (formerly the British North America Act) assigns certain areas of lawmaking to the federal government. These typically involve national or international matters. Some areas under federal jurisdiction include:
• Trade and commerce
• Criminal law
• Immigration
• National defense
• Postal service
• Banking
• Patents and copyrights
• Provincial Powers: Provinces have authority over local or regional matters. Some areas under provincial jurisdiction include:
• Property and civil rights
• Education
• Health care
• Municipal governments
• Natural resources within the province
• Highways and motor vehicle regulation - Statute Title or Preamble:
The statute itself may indicate its scope. For example, a federal statute may mention “Canada” or refer to nationwide issues, while a provincial statute may refer to a particular province (e.g., “Ontario Education Act”).
- Administering Government Body:• Federal statutes are administered by departments like the Department of Justice Canada, or federal ministries.
• Provincial statutes are enforced by provincial departments, ministries, or local authorities. - Court Jurisdiction:
If a statute is challenged or enforced in federal courts (like the Federal Court of Canada), it is likely a federal statute. Provincial statutes are generally dealt with in provincial courts.
By checking which area of jurisdiction the statute governs, or which body enforces it, you can determine if it’s provincial or federal.
What is the history of the constitution act of 1867
Canada was created in 1867 by an act passed by the British Parliament now cited as the Constitution Act, 1867,1 previously known as the British North America Act 1867. In 1982, the British Parliament passed the Canada Act 1982,2 which contained the Constitution Act, 1982.3 The Constitution Act, 1982 was passed by our Parliament and includes the Canadian Charter of Rights and Freedoms.4 The passage of these pieces of legislation by both the British and Canadian parliaments meant that Canada officially had a constitution and that this constitution was completely Canadian. The Constitution Act, 1982 states that it, and therefore the Charter, is the supreme law in Canada. No single government, federal or provincial, can change the Constitution.
Define Civil Law
Civil or secular laws (simply “laws” from here on) follow a similar life cycle, which may include some or all of the stages shown in Figure 1.1. The introduction stage involves developing a preliminary version of the proposed law so that it can be evaluated by the lawmakers responsible for creating it. The preliminary version of the law is then debated and discussed before being adopted upon agreement by lawmakers. Once the adopted law is codified, it may become necessary to amend the law to incorporate required changes. If, on the other hand, the law is no longer required, then it is removed through the process of repeal. If changes are required, then the existing law is repealed followed by re-enactment of a new version of the law that reflects the necessary changes.
Civil law refers to the branch of law that deals with the rights and obligations of individuals, organizations, and private parties in NON-CRIMINAL matters.
What is a bill
a preliminary version of a statute law that is written down to be reviewed, debated, and voted on before becoming law
What are statutes/regulations
statute law
legal provisions, in codified form, that are developed and adopted by the parliamentary and legislative process
Many statutes are accompanied by a type of subordinate legislation known as regulations, particularly where the subject matter being covered is of a technical nature. Unlike statutes, regulations are not passed by Parliament or provincial legislatures. They are prepared and published by administrative officials (department or ministry staff) under the authority of the relevant statute to deal with the technical issues. Regulations tend to be very practical and can include lists, schedules, diagrams, forms, and charts. The rules of various levels of courts are generally published in the form of regulations.
The common features of regulations
Regulations tend to be very practical and can include lists, schedules, diagrams, forms, and charts. The rules of various levels of courts are generally published in the form of regulations.
Difference between commercially published and officially published information books on statues
The difference between commercially published and officially published information books on statutes lies primarily in their purpose, authority, and audience.
- Commercially Published Books:• Purpose: These books are produced by private publishers with the goal of profit, offering interpretations, annotations, or practical guides on the law.
• Content: They often include commentaries, case studies, expert opinions, or simplified explanations of statutes. They may be tailored to lawyers, students, or business professionals seeking to understand the practical application of the law.
• Examples: Legal textbooks, annotated statutes, legal research guides, or practice manuals.
• Audience: These books are typically written for a broader audience, including legal practitioners, students, and sometimes the general public.
• Authority: While these works may be written by legal scholars or experts, they are not the authoritative source of the law. They interpret and explain official statutes rather than present them verbatim. - Officially Published Books:• Purpose: These are published by government or official bodies (such as the federal or provincial government) with the primary aim of disseminating the law in its authoritative form.
• Content: They contain the exact, unaltered text of statutes, regulations, or legal codes as passed by the legislature. They do not include commentary, interpretation, or analysis.
• Examples: Government gazettes, official publications of the statutes of a jurisdiction (e.g., the “Criminal Code of Canada”), or collections of regulations.
• Audience: These publications are primarily aimed at legal professionals, judges, and anyone who needs to refer to the law in its official form.
• Authority: These are the authoritative and binding texts of the law. They have legal standing in courts and other formal proceedings.
Key Differences:
• Interpretation: Commercially published books often interpret or explain the law, while officially published books present the law as it is written. • Authority: Official publications are the legal source, while commercial ones provide guidance or secondary insight. • Audience: Official publications target legal professionals and institutions, whereas commercial ones target a wider audience, including those who seek simplified or practical insights into the law.
Define common law
The role of the common law in our legal system is a direct result of our history as a British colony; we have inherited the common law as part of our law-making system. The common law is the body of judicial decisions made by courts in England and in Canada that establishes legal rules and principles dealing with specific issues. The common law has evolved over many years and reflects changes in society.
common law
a legal rule or a body of legal principles, established through judicial decisions, that deals with particular legal issues or subject areas
What is the purpose of a statute
This method of changing the law may be more time-consuming than having a court create a new precedent because of the democratic process of debate and review that is an important part of our parliamentary process. However, once the statute has been passed and becomes law, there is stability and consistency in that the letter of the law has been published and is available for all to read.
The purpose of a statute is to formally establish, regulate, or prohibit specific actions or behaviors by providing a written law enacted by a legislative body.
do other countries other then Canada still use religious laws
Yes, several countries around the world still use religious laws, either as a part of their legal system or as the primary basis for their laws. The extent to which religious law is integrated varies, ranging from countries where it plays a dominant role to those where it coexists with secular law.
In some societies, codes of religious rules actually evolve into laws for governing society (sometimes called civil laws); in other societies, a separate civil code emerges and evolves parallel to the religious code—hence the distinction between religious laws and secular laws. For many Canadians, secular laws have come to assume much greater importance than religious laws for governing behaviour
