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canadian and international law > unit 1 > Flashcards

unit 1 Flashcards

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1
Q

primary vs secondary sources of law

A

primary sources of law: original laws set forth by a legislative body, including constitutions, statues/acts and amendments, regulations, legal cases, and judicial decisions.

secondary sources of law: materials that comment on the law but are not the law themselves, often used for legal research.

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2
Q

jurisprudence

A

the philosophy and theory of law, specifically what the law should and should not be

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3
Q

prosecution

A

the side which seeks to accuse the other of committing a crime

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4
Q

patriation

A

the political process that led to full Canadian sovereignty, through the Canada act, granting full control over our fundamental laws without relying on foreign authority

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5
Q

constitutional law

A

the body of law that defines the powers of the executive branch, legislature branch, and judiciary

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6
Q

plaintiff

A

the person who filed the lawsuit in a civil case

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7
Q

amendment/amending formula

A

a formal correction or addition to a law or constitution

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8
Q

public law

A

laws relating to the individual and the society, including criminal law, constitutional law, administrative law

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9
Q

criminal law

A

the section of the law that deals with crimes and their punishments

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10
Q

sexual assault

A

an assault committed in which the sexual integrity of a person is violated, may or may not involve physical injuries to the victim

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11
Q

war measures act (1914)

A

a law that allowed the Canadian government to take extraordinary actions in the event of a war, including the ability to suspend civil liberties and detaining individuals without trial. it was replaced by the emergencies act

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12
Q

defendant

A

a person who is accused of committing a crime or is being sued in a civil case

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13
Q

equality rights

A

the law stating that every individual is equal before and under the law and has the right to equal protection without discrimination

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14
Q

emergencies act (1988)

A

an act that can be invoked to provide additional powers to the federal government in the case of a national emergency

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15
Q

precedence/precedent

A

the concept in common law where decisions made by higher courts can be used in lower courts when similar legal questions are being addressed

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16
Q

procedural law

A

the branch of law that establishes the rule in courts and how disputes are settled in both criminal and civil law

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17
Q

stare decesis

A

latin for “to stand by things decided”, decisions made in higher courts can be used in lower courts when similar legal questions are being addressed

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18
Q

doctrine of ultra vires

A

latin for “beyond the powers”, the doctrine can be invoked to indicate that it is beyond the powers of one specific government to pass a law

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19
Q

balance of probability

A

a standard in civil cases to determine whether an event had a higher probability of happening or not happening. if an event had a higher probability of happening, it passes the balance of probability standard

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20
Q

human rights

A

the rights to which a persons are inherently entitled to because they are human beings, regarding equality, respect, and the absence of discrimination and harrassment

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21
Q

criminal negligence

A

the act of ignoring an obvious or known risk that endangers the life and safety of others

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22
Q

beyond a reasonable doubt

A

when the evidence presented establishes the defendant’s guilt such that there is no other reasonable explanation that can come from the evidence presented

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23
Q

repeal

A

to annul an existing law

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24
Q

contract law

A

the field of the law of obligations concerned with contracts, based on the principle that agreements must be honoured

25
Q

criminal code of canada

A

a federal law that includes definitions of most of the criminal offences that the parliament of canada has enacted

26
Q

feminist jurisprudence

A

the philosophy of law based on the political, economic, and social issues of gender equality

27
Q

notwithstanding clause

A

with parliamentary supremacy, a clause that gives parliaments in canada the power to override certain portions of the charter for five-year terms when passing new legislations

28
Q

family law

A

an area with the law that deals with family matters

29
Q

civil law

A

the system of law concerned with private relations between members of a community

30
Q

emily murphy

A

the first female magistrate in canada following the events of the person’s case

31
Q

spousal rights

A

common-law spouses may be entitled to spousal support upon separation

32
Q

the famous five

A

five prominent canadian women that advocated for women and childrens rights

33
Q

indian act

A

the primary document that defines how the government of canada interacts with the first nations in canada and their members

34
Q

privy council

A

a body that advises the cabinet from an objective perspective

35
Q

class-action lawsuit

A

a type of lawsuit where one of the parties is a group of people who are represented collectively by a member or members of that group

36
Q

legislative branch

A

the federal institution with the power to make laws, to raise taxes, and to authorize government spending

37
Q

executive branch

A

the branch with decision-making power composed of the monarch, the prime minister, and the cabinet

38
Q

legal rights

A

the rights held by anyone investigated, detained or criminally charged, or who is faced with legal restrictions of any kind

39
Q

tort law

A

a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act

40
Q

judicial branch

A

consists of courts of federal and provincial jurisdiction and has the function of resolving conflicts related to laws

41
Q

parliamentary supremacy

A

with the notwithstanding clause, gives parliaments in canada the power to override certain portions of the charter for five-year terms when passing new legislations

42
Q

statute law

A

written law passed by a body of legislature

43
Q

doctrine of intra vires

A

latin for “within the powers”, it is within the powers of one specific government to pass a law

44
Q

common law

A

law that is not written down as legislation, instead is based off of precedent

45
Q

circuit judges

A

judges who either deal specifically with criminal or civil cases or hear public and/or private law family cases

46
Q

appellant

A

someone who is appealing against a court’s decision after they have been judged guilty of a crime

47
Q

constitution

A

a set of fundamental rules that determine how a country or state is run

48
Q

fundamental freedoms

A

basic political liberties required in a democracy, guaranteeing that an individual can act, think, be, or do without government interference unless a law says otherwise

49
Q

bna act (1867)

A

united the three separate territories of canada, nova scotia and new brunswick into a single dominion called Canada

50
Q

constitutional limitations

A

a rule or provision in a country’s constitution that limits the power of a government branch, department, agency, or officer

51
Q

appeal

A

a request to have a higher court determine whether mistakes were made by a lower court or tribunal. the higher court may affirm, vary or reverse the original decision

52
Q

strike down powers

A

a finding of invalidity of the entire provision or law in question

53
Q

supreme court of canada

A

the highest court in the judicial system of canada

54
Q

canadian constitution act (1982)

A

describes the basic structure of canada’s government, originally enacted as the british north america act

55
Q

read down powers

A

shrinking the reach of a statute to remove its unconstitutional applications or effects without regard to the explicit statutory language that would be required to achieve that result

56
Q

legislative process

A

the process in which legislation is approved by the parliament to become a law

57
Q

brandeis brief

A

for a legal brief that utilizes the expertise of any individual outside of the legal profession

58
Q

judicial activism

A

a judicial philosophy holding that the courts can and should go beyond the applicable law to consider broader societal implications of its decisions

59
Q

original jurisdiction

A

the power of a court to hear a case for the first time, typically of the supreme court

canadian and international law (2 decks)

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