pg 147-155 Flashcards
what is the rule of law principle?
To be legitimate, and all exercises of public power to be authorized and complied with the rule of law.
What or whom is the supreme law of Canada?
The Consitution of Canada.
Canada is a FEDERAL state, meaning?….
political power is divided between the provincial and federal orders of the government.
The _________?divides the power to make laws between the federal Parliament and the provincial legislatures by, in effect, setting out two lists: subject matters about which Parliament has authority to enact laws, and subject matters about which provincial
legislatures have authority to enact laws.
Consitution of Canada
Where is the Canadian Charter of Rights and Freedoms found?
The Consitution Act of 1982
when are laws limiting individual rights ONLY permissible?
when the government can justify the limitation as a reasonable and demonstrably justified limit
Acts of Parliament or of the provincial legislatures are
known as “_____________” because they obtain their
authority directly from the chief law-making bodies under
the Constitution.
Primary legislation.
_________? is the law
concerning interactions between individuals (or other
legal persons, such as corporations) and the state or
interactions between different state actors.
Public Law.
________? cases are disputes between non-state actors
(such as an employer and an employee, or two motorists
involved in a car accident) that are typically concerned with the payment of money from one party to another.
Private Law.
___________? is the body of legal rules governing how cases are brought to court or before a
tribunal and how the various participants in a legal case
(including the judge or tribunal members, the parties,
their paralegals or lawyers, and the witnesses) may play
their roles.
Procedural law.
the body of legal rules that sets out the underlying rights, duties, or obligations giving rise to the dispute.
substantive law.
what is the rule of law?
when all exercises of public power must comply and be authorized by the law.
- the law is supreme over the acts of governments and private persons
what or whom is the SUPREME law of Canada?
The Consitution of Canada
what court is all other courts & tribunals (whether federal or provincial) binding on?
Supreme Court of Canada
_______? are the trial courts for a great many legal matters,
including substantially all civil actions dealing with contracts, torts, property, divorce, jury trials, and trials of the most serious indictable criminal offences (such as
murder).
Provinical Superior Court
(superior court of justice)
