Things to Remember Flashcards
What is SUBSTANTIVE LAW?
The rules that govern behaviour and sets limits on conduct
What is PROCEDURAL LAW?
How rights and obligations are enforced
What is PUBLIC LAW?
Regulates our relationship with the government
What is PRIVATE LAW?
Regulates personal, social and business relationships
What is the difference between STATUTE LAW and COMMON LAW?
STATUTE LAW: a formal written enactment by a legislative body (legislation)
COMMON LAW: a body of law which derives and develops through decisions (judgements, caselaw, precedent)
True or False?
Parliamentary Supremacy and Subordinate Legislation both override common law
True
What is Subordinate Legislation?
- regulations made by cabinet and government departments
- bylaws made by municipal governments
- rules made by administrative tribunals
What type of law does the Legislative branch make?
Statute law (legislation)
What type of law does the Executive branch make?
Subordinate legislation
- regulations made by order-in-council or as authorized by legislation
- bylaws made by municipal governments
What type of law does the Judicial branch make?
Case law
Federally, who fills the positions in the Legislative branch?
Parliament
Provincially, who fills the positions in the Legislative branch?
Legislative assemblies
Federally, who fills the positions in the Executive branch?
Prime Minister and Cabinet Ministers (w/ civil servants/bureaucrats)
Provincially, who fills the positions in the Executive branch?
Premier and the Cabinet (w/ civil servants/bureaucrats)
Who fills the positions in the Judicial branch?
Judges appointed by the various provinces and federally appointed judges
