unit 1 Flashcards
primary vs secondary sources of law
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.
jurisprudence
the philosophy and theory of law, specifically what the law should and should not be
prosecution
the side which seeks to accuse the other of committing a crime
patriation
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
constitutional law
the body of law that defines the powers of the executive branch, legislature branch, and judiciary
plaintiff
the person who filed the lawsuit in a civil case
amendment/amending formula
a formal correction or addition to a law or constitution
public law
laws relating to the individual and the society, including criminal law, constitutional law, administrative law
criminal law
the section of the law that deals with crimes and their punishments
sexual assault
an assault committed in which the sexual integrity of a person is violated, may or may not involve physical injuries to the victim
war measures act (1914)
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
defendant
a person who is accused of committing a crime or is being sued in a civil case
equality rights
the law stating that every individual is equal before and under the law and has the right to equal protection without discrimination
emergencies act (1988)
an act that can be invoked to provide additional powers to the federal government in the case of a national emergency
precedence/precedent
the concept in common law where decisions made by higher courts can be used in lower courts when similar legal questions are being addressed
procedural law
the branch of law that establishes the rule in courts and how disputes are settled in both criminal and civil law
stare decesis
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
doctrine of ultra vires
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
balance of probability
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
human rights
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
criminal negligence
the act of ignoring an obvious or known risk that endangers the life and safety of others
beyond a reasonable doubt
when the evidence presented establishes the defendant’s guilt such that there is no other reasonable explanation that can come from the evidence presented
repeal
to annul an existing law
contract law
the field of the law of obligations concerned with contracts, based on the principle that agreements must be honoured
criminal code of canada
a federal law that includes definitions of most of the criminal offences that the parliament of canada has enacted
feminist jurisprudence
the philosophy of law based on the political, economic, and social issues of gender equality
notwithstanding clause
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
family law
an area with the law that deals with family matters
civil law
the system of law concerned with private relations between members of a community
emily murphy
the first female magistrate in canada following the events of the person’s case
spousal rights
common-law spouses may be entitled to spousal support upon separation
the famous five
five prominent canadian women that advocated for women and childrens rights
indian act
the primary document that defines how the government of canada interacts with the first nations in canada and their members
privy council
a body that advises the cabinet from an objective perspective
class-action lawsuit
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
legislative branch
the federal institution with the power to make laws, to raise taxes, and to authorize government spending
executive branch
the branch with decision-making power composed of the monarch, the prime minister, and the cabinet
legal rights
the rights held by anyone investigated, detained or criminally charged, or who is faced with legal restrictions of any kind
tort law
a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act
judicial branch
consists of courts of federal and provincial jurisdiction and has the function of resolving conflicts related to laws
parliamentary supremacy
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
statute law
written law passed by a body of legislature
doctrine of intra vires
latin for “within the powers”, it is within the powers of one specific government to pass a law
common law
law that is not written down as legislation, instead is based off of precedent
circuit judges
judges who either deal specifically with criminal or civil cases or hear public and/or private law family cases
appellant
someone who is appealing against a court’s decision after they have been judged guilty of a crime
constitution
a set of fundamental rules that determine how a country or state is run
fundamental freedoms
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
bna act (1867)
united the three separate territories of canada, nova scotia and new brunswick into a single dominion called Canada
constitutional limitations
a rule or provision in a country’s constitution that limits the power of a government branch, department, agency, or officer
appeal
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
strike down powers
a finding of invalidity of the entire provision or law in question
supreme court of canada
the highest court in the judicial system of canada
canadian constitution act (1982)
describes the basic structure of canada’s government, originally enacted as the british north america act
read down powers
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
legislative process
the process in which legislation is approved by the parliament to become a law
brandeis brief
for a legal brief that utilizes the expertise of any individual outside of the legal profession
judicial activism
a judicial philosophy holding that the courts can and should go beyond the applicable law to consider broader societal implications of its decisions
original jurisdiction
the power of a court to hear a case for the first time, typically of the supreme court
