Unit 1 - Chapter 2 Flashcards
The _____ legal system is the machinery that comprises and governs the legislative, executive and judicial branches of government
Canadian
____ branch is the branch of government that creates statute law
legislative
_____ is the power that a given level government has to enact laws
jurisdiction
All Canadian laws must comply with the ____ ____
Canadian Constitution
–> difficult to change, special amending formula must be met
_____ Act of 1867, formerly the BNA Act
Constitution
–> sets up our courts
Currency, national defense, criminal law, banking, postal service are all under ____ jurisdiction
federal
Hospitals, property and civil rights with the province, administration of justice, local matters, incorporation of provincial corporations, municipalities are all under _____ jurisdiction
provincial
Zoning, property tax, licensing are all under jurisdiction of _____
municipalities
-> have no constitutionally recognized powers
Created in 1982, part of the Constitution Act (1982), this document guarantees specific rights and freedoms enshrined in the Constitution and is enforceable by the judiciary
Canadian Charter of Rights and Freedoms (Charter)
Freedom of conscience and religion, thought, belief, opinion and expression, freedom of peaceful assembly and association are all examples of ______ freedoms
fundamental
every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical diability. These are an example of _____ rights
equality
The _____ clause allows gov’ts to “opt out” of some Charter rights by enacting legislation “notwithstanding” that it violates the Charter
Notwithstanding
_____ jurisdiction = jurisdiction that is shared between levels of government such as public health and the environment
Concurrent
____ seems to facour the federal gov’t to the extent that whenever there is a conflict between federal and provincial laws, the federal gov’t will prevail
paramountcy
—> doctrine of paramountcy provides that federal laws prevail when there are conflicting or inconsistent federal and provincial laws
The executive branch of government’s ____ function includes the giving of royal assent to legislation (by the queen’s representative)
formal
the executive branch of government’s _____ function includes performing day-to-day operations: formulating and executing gov’t policy, as well as administering all departments of gov’t
political
What does it mean to ratify?
to authorize or approve
A ____ is an agreement between two or more states that is governed by international law
treaty
Laws made by the municipal level of gov’t are known as ____
bylaws
The ____ is a body composed of all ministers heading government departments, as well as the prime minister or premier
cabinet
_____ are rules created by the political executive that have the force of law
regulations
___ is a collective reference to judges
judiciary
____ are those appointed by federal and provincial governments to adjudicate on a variety of disputes, as well as to preside over criminal proceedings
judges
The ____ court is a court with limited financial jurisdiction whose judges are appointed by the provincial gov’t
inferior
____ ____ court is a court that deals with claims up to a specified amount
small claims
_____ court is a court with unlimited financial jurisdiction whose judges are appointed by the federal gov’t
superior
The final court for appeals in the country is known as the _____
Supreme Court of Canada
The court that deals with some types of litigation involving the federal gov’t is known as the _____ court of Canada
Federal
______ _____ refers to the historical rights and privileges of the Crown, including the right to conduct foreign affairs and to declare war
royal prerogative
The ____ law is comprised of rules that are formulated or created by the judiciary
common
–> created when judges make decisions, later becoming precedents, and they are cumulatively referred to as common law
____ law involves areas of the law that relate to or regulate the relationship between persons and gov’t at all levels, such as Criminal Law
Public
____ law involves areas of the law that concern dealings between persons, such as law of contracts
Private
____ law involves a system of law in which judges look to the Civil code for general principles to be applied to the case at hand. they are not bound by how other judges have interpreted the code
Civil
____ law refers to rules created and applied by the those having governmental powers. These laws are applied by administrative bodies to address a specific activity, from licensing, to zoning and subdivision
Administrative
You may interact with the __________ or commission if you plan to sell alcohol
liquor control board
if you plan to hire employees, you may interact with the _______
workers’ compensation board
