Session 6 - Part 2, Chapter 7 – The Judiciary: The Third Branch of Government Flashcards
Understanding the Canadian Court System
Defendant
The party against whom a lawsuit is brought.
Dissent
A judgment written by a judge who disagrees with the majority decision.
Headnote
A concise summary of a judgment, located near the beginning of a law report.
Holding
The court’s answer to a legal issue in a case.
Factum
A written legal argument presented on an appeal.
Judicial Independence
The principle that judges should be free to make decisions based on the law, without interference from external sources.
Inferior Court
A trial court with limited jurisdiction, typically handling less serious matters.
Neutral Citation
A standardized system for citing cases, using consecutive numbers assigned by the court.
Obiter Dicta
Statements made by a court that are not essential to the decision and do not have binding authority.
Plaintiff
The party who initiates a lawsuit.
Puisne Judge
A judge who ranks below the chief justice on a court.
Ratio Decidendi
The legal principle or rule that forms the basis of a court’s decision.
Respondent
The party who defends an appeal.
Stare Decisis
The doctrine of precedent, which states that courts should follow previously decided cases when the facts and legal issues are similar.
Style of Cause
The name of the case, consisting of the names of the parties involved.
Superior Court
A court with inherent jurisdiction to hear most legal cases, including serious criminal and civil matters.
Describe the role of the judiciary in Canada.
The judiciary is the third branch of government in Canada, responsible for interpreting and applying the law. Judges exercise their power by making decisions in courts, ensuring justice and fairness in the resolution of disputes.
What is the significance of the doctrine of precedent in the Canadian legal system?
The doctrine of precedent, or stare decisis, ensures consistency and predictability in the legal system. Decisions of higher courts bind lower courts within the same jurisdiction when the facts and legal principles are materially similar, providing guidance and ensuring fairness.
Explain the purpose and importance of neutral citations in legal research.
Neutral citations provide a standardized, court-assigned numbering system for judgments and paragraphs within those judgments. This facilitates consistent referencing across different publications, making it easier to locate specific passages and promoting clarity and efficiency in legal research.
Outline the three ways in which cases can come before the Supreme Court of Canada.
Cases come before the SCC through: (1) leave to appeal, granted by the Court itself or a lower appeal court; (2) appeal as of right, applicable in specific criminal cases; or (3) reference, where the federal Cabinet refers a legal question to the SCC for an advisory opinion.
Which document serves as the constitutional foundation for the Canadian judiciary?
Constitution Act, 1867
