Session 6 - Part 2, Chapter 7 – The Judiciary: The Third Branch of Government

Question 1

Defendant

Answer 1

The party against whom a lawsuit is brought.

Question 2

Dissent

Answer 2

A judgment written by a judge who disagrees with the majority decision.

Question 3

Headnote

Answer 3

A concise summary of a judgment, located near the beginning of a law report.

Question 3

Holding

Answer 3

The court’s answer to a legal issue in a case.

Question 4

Factum

Answer 4

A written legal argument presented on an appeal.

Question 5

Judicial Independence

Answer 5

The principle that judges should be free to make decisions based on the law, without interference from external sources.

Question 5

Inferior Court

Answer 5

A trial court with limited jurisdiction, typically handling less serious matters.

Question 6

Neutral Citation

Answer 6

A standardized system for citing cases, using consecutive numbers assigned by the court.

Question 7

Obiter Dicta

Answer 7

Statements made by a court that are not essential to the decision and do not have binding authority.

Question 8

Plaintiff

Answer 8

The party who initiates a lawsuit.

Question 9

Puisne Judge

Answer 9

A judge who ranks below the chief justice on a court.

Question 9

Ratio Decidendi

Answer 9

The legal principle or rule that forms the basis of a court’s decision.

Question 10

Respondent

Answer 10

The party who defends an appeal.

Question 11

Stare Decisis

Answer 11

The doctrine of precedent, which states that courts should follow previously decided cases when the facts and legal issues are similar.

Question 12

Style of Cause

Answer 12

The name of the case, consisting of the names of the parties involved.

Question 13

Superior Court

Answer 13

A court with inherent jurisdiction to hear most legal cases, including serious criminal and civil matters.

Question 14

Describe the role of the judiciary in Canada.

Answer 14

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.

Question 15

What is the significance of the doctrine of precedent in the Canadian legal system?

Answer 15

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.

Question 16

Explain the purpose and importance of neutral citations in legal research.

Answer 16

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.

Question 17

Outline the three ways in which cases can come before the Supreme Court of Canada.

Answer 17

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.

Question 18

Which document serves as the constitutional foundation for the Canadian judiciary?

Answer 18

Constitution Act, 1867