Test Flashcards
Laws that are related to the relationship between people, government departments, wards and agencies.
Administrative law
Law that is related to the relationship between individuals and the state.
Public Law
Law that identifies crime and prescribes punishments.
Criminal law
Branch of civil law that holds a person or organization responsible for the damage they cause another personas result of accident.
Tort Law
The branch of civil law providing rules and regarding agreements between people and businesses.
Contracting Law
Branch of civil law that deals with various aspects of family law like marriage and divorce.
Family Law
Branch of civil law concerned with the division of land and distribution of property after death.
Estate Law
Branch of law that governs ownership rights and property.
Property Law
Civil law that governs employer, employee relations.
Employment Law
Another name for a law or an act passed by government.
Statute Law
Laws that govern conducts of independent nations in their relationship with one and other.
International Law
Law that originates from decisions made by judges in previous cases, relies on case law, common to all people.
English Common Law
Laws made and enforced that governs activity within a nations border.
Domestic Law
Law that defines the rights, duties, and obligations of citizens and the governments.
Substantive Law
Law that prescribes the methods of enforcing the rights, duties, and responsibilities of substantive law.
Procedural Law
Laws that can be traced to the unwritten laws of England or English Common Law, made by judges in previous cases.
Case Law
Laws that deal with local issues like the fence height.
Bylaws
Law at top of pyramid because it overrides all other laws, must agree with it, body of public law that deals with distribution..
Constitutional Law
A name for a proposed law.
Bill
Law that gives the government the right to evoke emergency powers in time of war.
Section 91 of the BNA Act.
A system of government whole power is centralized in one level of government.
Unitary System
The responsibility for governing is divided between 2 levels of government; the central and provincial government.
Federal system
The federal government has the responsibility or law making powers to make laws or any extra category in legislative area.
Residual Powers
Latin for “within the power” which means the power a government has to pass laws within its own jurisdiction.
Intra Vires
Latin for “beyond the power”, which refers to areas that are beyond the power or jurisdiction of a government
Ultra Vires
This legislation act was made in Britain greatly extended Canada’s powers to make its own laws.
Statute of Westminister
When the federal and provincial governments agree to share the costs for programs.
Shared cost agreements
Basic individual rights that are protected by law, like freedom of speech
Civil liberties
To bring home to Canada, or to bring legislative power under the authority of the country which it applies.
Patriate
Equal access to essential services for all Canadians. Example: education.
Principle of Equalization
A method outlined that Canada can use to make future changes to the Constitution.
Amending formula
We the citizens who live in a specific area and can vote
Constituents
Organizations that try to influence legislatures in favor of their cause.
Lobby groups
The legislative assembly at the provincial level.
Legislature
Parliament at the federal level, made up of senate and the House of Commons.
The legislative branch
The branch of government made up of judges responsible for the court system.
Judiciary
To conduct impartial investigations of specific national problems.
Royal commissions
When a judge rejects a previously made decision and creates a new precedent.
Distinguishing a case
To stand by the decision of a previously made law.
State decisis
The three levels of power in Canada that each level exercises
First level: federal
2nd level: provincial
3rd level: municipality/townships
Supreme Court of Canada(federal)
1st level: provincial court of appeal
2nd level: superior supreme court of the province
3rd level: provincial court
Why did John A. Macdonald fear American civil war?
They feared that once the civil war was over the states would attempt to take over Canada as well.
4 provinces; Quebec, Ontario, Nova Scotia, New Brunswick formed a union to seek approval Britain. Granted and called..
British North America Act, 1867
Canada rejected the American system of government because
It gave too much power to the individual states and too little power to the central government.
Canada rejected the British unitary system of government because..
One central government is not practical for a nation as large and diverse as Canada.
The compromise finally agreed upon is called the..
Federal system
Why did it take Canada such a long time to make its own constitution compared to other nations?
The Feds and provinces couldn’t agree on the procedures to amend the constitution and there was confusion of who was responsible for certain areas such as natural resources.
The prime minister that was determined to Patriate the constitution with or without all provinces was..
Pierre Elliot Trudeau
Quebec’s premier that was angry about a secret meeting without him was..
René Lévesque
What two things did Rene L’vek want to see happen for Quebec?
- a distinct society
- unique culture
1987 Canadian Prime Minister Brian Mulroney attempted to get all people to sign constitution.. Who messed it up?
Elijah Harper from Manitoba.
Why did Elijah Harper not want to sign on?
It didn’t deal with any aboriginal rights.
1982 Prime Minister was:
Joe Clark
He tried to have the constitution signed at
Charlottetown Accord
Was it successful?
Voted no.
Senates can pass laws until they are..
75 or dead.
Proposed laws (bills) are passed through 3 readings. If summer comes before the bill is passed..
It dies on the floor.
What happens?
Can start all over in the fall.
When a cabinet minister proposes a law it’s called?
A public bill
If a member of parliament proposes a law it’s called..
Private members bill
2 organizations that help countries develop international laws..
NATO: North Atlantic Treaty Organization
UN: United Nations
ICJ:International court of justice
NAFTA: North American Free Trade Agreement
