rights and freedoms definitions

Question 1

convention

Answer 1

rules of behaviour that are historically accepted (not always legally enforced) and often influence the content of treaties between nations. can also be formal agreements between two or more nations.

Question 2

executive branch

Question 3

judicial branch

Question 4

legislative branch

Question 5

conciliation

Answer 5

a voluntary method of settling disputes whereby a neutral third party assists the parties involved to identify and discuss the issues, and then to resolve the conflict.

Question 6

reference

Answer 6

the submission of a significant legal question to the supreme court for consideration

Question 7

collective bargaining

Answer 7

the formal process of negotiating conditions of employment between organized employees and their employer; the contract produced through this process is a collective agreement

Question 8

fiduciary duty

Answer 8

an obligation that arises by nature of a confidence or trust relationship

Question 9

ultra vires

Answer 9

a latin term meaning “beyond or outside the power” referring to a law that may exceed the power of the courts or the government

Question 10

reading in

Answer 10

in constitutional law, inserting a term that had not been present in the actual legislation in order to prevent the legislation from being declared unconstitutional

Question 10

intra vires

Answer 10

a latin term meaning “within the powers” referring to a law that is within the jurisdiction of the government or the courts

Question 11

reading down

Answer 11

in constitutional law, narrowing the interpretation given to legislation in order to prevent it from being declared unconstitutional

Question 12

rational connection

Answer 12

a part of the proportionality test to determine whether there is a reasoned connection between the limitation of rights and the objective of the law

Question 14

balance of probabilities

Answer 14

the standard of proof required in a civil action showing that it is more likely than not that something occured