Test 2 Flashcards
What is the primary role of the judiciary in Canada?
Interprets and applies the law through court decisions.
What is a court’s judgment or decision?
The final outcome of the dispute heard before it.
What does statutory interpretation involve?
Judges interpret laws, clarifying ambiguities and determining their application.
What is the doctrine of precedents?
A record of a court’s reasons for its decision that may bind other courts.
Define jurisdictional validity.
Judges determine whether a law is constitutionally valid.
What is a Charter challenge?
Judges assess whether laws violate the Canadian Charter of Rights and Freedoms.
What is common law development?
Judges create law through precedent in common law provinces.
What are the two main types of courts in Canada?
Inferior courts and superior courts.
What is the role of the Supreme Court of Canada?
It is the highest court of appeal in Canada.
List the key constitutional provisions related to the Canadian court system.
- Section 92(14) - Provincial power over administration of justice
- Section 96 - Federal appointments of judges
- Section 99 - Judges hold office during good behaviour
- Section 101 - Establishment of the Supreme Court of Canada
What is the difference between binding precedent and persuasive precedent?
- Binding Precedent: Decisions of higher courts are binding on lower courts
- Persuasive Precedent: Decisions from other jurisdictions or courts at the same level can be persuasive but are not binding.
What is required for a case to come before the Supreme Court of Canada?
Leave to appeal is required in some instances.
What is the Tax Court of Canada?
A superior court that hears appeals related to federal statutes.
What is the principle of judicial independence?
Judges should make decisions free from outside interference.
What does the open court principle promote?
Transparency and accountability in judicial proceedings.
What is the significance of security of tenure for judges?
It ensures judges can make decisions without fear of removal.
What are the three main aspects of judicial independence?
- Security of tenure
- Financial security
- Administrative independence
What is the role of the Court Martial Appeal Court?
It hears cases from courts martial.
Fill in the blank: The _______ is the highest court of appeal in Canada.
Supreme Court of Canada
True or False: The provincial superior courts have inherent jurisdiction over all civil and criminal law disputes.
True
What is the significance of the doctrine of stare decisis?
It binds lower courts to the decisions of higher courts in the same jurisdiction.
What is required for a judge to be appointed to the Supreme Court of Canada?
- Prior appointment as a judge of a provincial superior court
- At least ten years’ standing as a barrister in a province.
What is the appointment process for provincial inferior court judges?
Judicial councils recruit, screen, and recommend candidates.
What are the qualifications for federal superior court judges?
- At least ten years’ standing as a barrister or advocate
- A combined total of at least ten years in judicial duties.
