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Law 101 > Module 1 > Flashcards

Module 1 Flashcards

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1
Q

Canadas Constitution is described as a what?

A

Living tree (something thats always growing and evolving)

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2
Q

What is Public Law?

A

The relationship between individuals and society as a whole
ex. criminal law, constitutional law, administrative law

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3
Q

What is Private Law?

A

The relationship individuals have between each other
ex. contract law, tort law

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4
Q

What is another name for private law, and what is it called when an individual files a law suit against someone else?

A

Civil Law
A civil suit

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5
Q

Why do we need law?

A

to ensure our sociaty is functional and predictabl,

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6
Q

What are the two major sourcs law comes from?

A

Legislation and Common law

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7
Q

What is Legislation?

A

Law passed by a democratically elected body (government).
- Provincial legislation is passed by the provincial legislator
- Federal laws are passed by parliament

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8
Q

What is Common Law?

A

Law that comes from judicial decisions
Also called “Judge made law”

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9
Q

What is the most well known example of legislation in the country

A

the Criminal Code

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10
Q

What are the 3 branches of government?

A

Executive
Legislative
Judicial

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11
Q

We elect our representatives to a body called what?

A

The provincial legislature

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12
Q

Federally we elect our representatives to parliament, where are they elected?

A

House of Commons

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13
Q

What are Municipalities?

A

Cities/towns/districts that are the 3rd layer of government. They have elections and pass bylaws, but isnt a true source of legislation. They act on authority thats been transfered from provincial government.

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14
Q

What are the five steps of passing a bill?

A

Bill
First reading
Second reading
Connitte stage
Final reading

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15
Q

What is a Bill?

A

An idea or proposal

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16
Q

What happens in the First Reading?

A

A bill is put forward by an elected represetnative and an inital draft is voted on by members of that legislative body in a process called the first reading

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17
Q

After the five steps of passing a bill, what happens next?

A

It has to go through federal legislation where the process repeats itself seperately in the HOC and the Senate starting at the first reading. Each bill has to go through 3 readings in each of these seperate halves

18
Q

Because the readings have to go through both the senate and HOC, what is this system called?

A

“Bicameral system of Government”

19
Q

When legislation passes, it must recieve ______ _______ before it can take effect.

A

Royal Assent.

20
Q

The King himself isnt the one reviewing these acts. who does this on his behalf?

A

His representative: the Governor General, approves the legislation

21
Q

When a bill is passed, its called an Act. What are 3 things Acts can do?

A

Acts can create new laws

Acts can change existing laws (Amending)

Acts can remove existing laws (Repeal)

22
Q

It takes a long time for legislation to pass, sometimes even years. What do we do insead when change needs to happen fast?

A

We use Regulations

23
Q

What are Regulations?

A

They are attached and enabled by a particular act. They contain more specific details whereas an Act has general ideas and broad principles

24
Q

A regulation is attached to an act. What is this relationship called?

A

an “enabling statute”

25
Q

Sometimes legislation is unclear as there are new situtions and legislation can also conflict other legislation. To resolve these difficulties, what tool do we use?

A

Driedgers principle: it means that we need to combine 3 approaches.
1) Plain meaning approach
2) contextual approach
3) propulsive approach

26
Q

What is the Plain Meaning approach?

A

Reading the words of an act and deciding what they mean (straight forward)

27
Q

What is the contextual approach?

A

Asking: does your interpretation conflict w/ other sections of the act or other acts.
Considered the “golden rule”

28
Q

What is the Purposive Approach?

A

Asking: What is the objective of the act? what problem is trying to be solved?

Also called the “Mischief Rule” because you examine the mischeif sought to be prevented

29
Q

What is “Common Law”

A

Judge made law that comes from the Judicial branch. It refers to previous decisions. It originated in the English legal system

30
Q

What is another name for common law?

A

Precedent or jurisprudence

31
Q

What type of system does Canada have?

A

Its mostly a common law system. Some issues in Quebec are dealt with under the “civil system”

32
Q

Judges in Canada are _______, not elected, and are usually ________ lawyers.

A

Appointed; Senior

33
Q

Being a judge is _________ and mandatory retirement is at ___.

A

Permanent;75

34
Q

Canada has an “Adversarial System,” what does this mean?

A

Meaning a court case will always involve a conflict or dispute between 2 or more parties. Decisions can be 100s of paragraphs long and fact-specific

35
Q

Usually at least 1 rule emerges from a case, we call this general rule “______ ______” or “_____.”

This is part of the case thats binding on lower courts.

The other parts are called “_______ _______,” things that are beside the point and are not strictly speaking.

A

Ratio Descendi or Ratio

Obiter Dictum

36
Q

Can common law be overruled by legislation? Why?

A

Yes, if the legislative body doesnt like a common law rule, they can override or change it.
This is because our judiciary is not elected, our legislative bodies were elected and have “parliamentary supremacy.”

37
Q

What is a Democratic Mandate?

A

A mandate is ligitamate power given through popular support, conveyed through elections

38
Q

In what cases can a judge (court) overturn legislation?

A

All acts and reguations need to be conistent with the constitution and if its not then its unconstitutional. in these cases judges can overturn legislation

39
Q

What are the “Rules of Law?”

A
  • rules are not arbitrary decided
  • you cant ignore the law because you dont agree with it
  • no one is above the law
40
Q

Where does our legal system come from?

A

Canadas legal system is based on the English and French systems, explorers and colonists brought these systems to Canada in the 17th and 18th centuries

41
Q

How is Civil Law different than Common Law?

A

Common law isn’t written down as legislation, it evolved into a system of rules based on precedent (past examples)

Civil law is a statement of rules to deal with any dispute. Courts look first at a civil code, then after refer to previous decisions to see if their consistent

Law 101 (2 decks)

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