sources of law Flashcards
what is the constitution
historical context of the constitution
division of powers in the BNA act
Charter of RIghts and freedoms
Rights and freedoms guarunteed
Limits to the charter
What is the common law
common law tradition
what did the common law evolve into
evolved into bodies of law, including tort law and contract law
Law in quebec
civil (private) matters are regulated by civil law legal system that is based on a civil code
civil codes contain a comprehensive statement of rules, many of which are general principles used to deal with disputes
courts in civil law system first look to a civil code, and then refer to past decisions to see if theyre consistent
quebec is only province with a civil code, based on french civil code
rest of canada uses common law for civil/private matters
how is the legal system in canada “pluralist”
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indigenous law 2
lots of indigineous peoples apply their own legal traditions in daily life. They maintain their laws through traditional governance alongside elected officials and federal law
aboriginal law
area of law related to the canadian governments relationship with its indigineous peoples. Constitution gives federal parliment exclusive power to legislate in matters related to aboriginals
legislation
legislation: regulation and bylaws
interrelationship of the constitution, legislation, and the common law
common law is partially excluded from the consitution, b/c all common law hasn’t been tested against the consitution.
the court system
