the Canadian legal system (week 4) Flashcards
What is due process?
is a feature of justice that encompasses the notion that all people are equal before the law and are entitled to the same rights and benefits arising from the law
What is common law?
describes a system based on rules, principles, and doctrine developed by English judges over time
What is statute law (also known as legislation)?
a formal written set of rules passed by legislative body to regulate a particular area, such as those acts that regulate nursing in provinces
What is the charter of rights and freedoms?
is a statement of principles guaranteeing rights and freedoms for everyone, subject only to such limits as are reasonable in a free and democratic society
What is custom?
principles and rules of a particular trade or relationship, the courts will elevate accepted practice in a particular trade or relationship to a rule of law when statues and common law are silent on a particular issue
What is case law?
individual court decisions constitute a body of precedent in which rules, definitions of legal concepts and legal principles have been fashioned by judges over centuries
What is the difference between regulations and laws?