The Canadian Legal System Flashcards
Difference between Criminal and Civil Law
Criminal law defines what constitutes a crime (act of harm or threat) and sets out punishments for the acts
Civil law deals with disputes between individuals and/or organizations.
Difference between Substantive and Procedural law
Substantive law defines rights and duties. (Substance of the law)
Procedural law is the SET OF RULES by which a court hears cases, to eventually administer substantive law
Difference between Public and Private
Public = Between individuals/companies and Government
Ex. constitutional law, administrative law, criminal law.
Private (civil) = Between individuals and/or groups WITHOUT government intervention
Ex. Property law, contract law, family law, labour law.
What is the main characteristic of civil law?
It’s codified into a system.
Judges must follow the written collection of laws.
Laws are created by legislature.
What is the main characteristic of common law?
It is a body of precedent cases developed by judges.
Judges can modify based on particular details of case
What did magna carta lay the foundations for
Parliament, can create laws. Secondary to common law. But a statute law is above common law.
Who can enact statues?
Federal and provincial legislatures.
But power can be given to other bodies (ex. by-laws)
What must an engineer know? (4 things)
- Basic principles of Law in Canada
- Relevant cases which have defined precedence (common law)
- Relevant statues in his/her field
- Additional regulations, standards, codes, by-laws, and rules.
What are the four levels of courts in Canada?
- Supreme court
- Provincial/territorial courts of appeal AND Federal court of appeal
- Provincial / territorial superior courts AND Federal court
- Provincial/territorial courts (handles most cases ex divorce)
What issues do provincial courts deal with (superior and regular)
Superior –> large sums of money / divorce cases
Provincial –> everything else
What issues do federal courts deal with
All matters which are under EXCLUSIVE federal control. Ex. taxation, administrative, intellectual property, disputes between provinces, etc.
Quite small court
What are the 2 specialized courts in Canada
Military and Tax
What is an administrative tribunal
Deal with administrative rules and regulations (ex. employment insurance, disability benefits, refugee claims)
What is an alternative dispute resolution (ADR)
Informal dispute resolution outside of government bodies
