Unit 1 Definitions

Question 1

Bill?

Answer 1

A draft of a proposed law presented to parliament for discussion.

Question 2

Case Law?

Answer 2

From previous legal decisions (judges decision). Lowest level of Canadian law.

Question 3

Citation?

Answer 3

A reference to a former tried case, used as guidance in the trying of comparable cases or in support of an arguement.

Question 4

Civil Law?

Answer 4

Is related to personal injury or negligence cases. In order for people to be reimbursed or awarded damages for suffering they have experienced as a result of someone else’s careless or willfully negligent actions.

Question 5

Common Law?

Answer 5

Can be traced back to the unwritten laws of England. It is common to all and has a general and universal application.

Question 6

Defendant?

Answer 6

An individual, company, or institution sued or accused in a court of law.

Question 7

Plaintiff?

Answer 7

A person who brings a case against another in a court of law.

Question 8

Procedural Law?

Answer 8

Defines the methods of enforcing rights and obligations of citizens and the state. Designed to ensure fairness of process in the legal system.

Question 9

Precedent?

Answer 9

Former decisions made in previous cases. Judges rely on similar precedents when deciding a case.

Question 10

Private Law?

Answer 10

Private relationships and individual concerns. Usually related to monetary gain. The smaller offences.

Question 11

Public Law?

Answer 11

Safeguard the public interest. Usually related to jail or prison time. The larger offences.

Question 12

Rule of law?

Answer 12

It is better to live by an approved set of laws. 3 parts: recognize and accept that the law is necessary, applies to everyone equally, no one in society has the authority to exercise unrestricted power.

Question 13

Statute?

Answer 13

Common law decisions that have been codified. Generally override previous common law. When a judge interprets and applies a statute, that decision then sets a precedent.

Question 14

Substantive Law?

Answer 14

Defines the rights and obligations of citizens and the state by describing an offence, identifying the facts that must be proven in establishing that an offence has been committed.

Question 15

Constitutional Law?

Answer 15

Determines the structure of the federal gov’t and divides the law making powers between the federal and provincial gov’ts. Limits the powers of gov’t by setting out certain basic laws, principles, and standards that all other laws must adhere to.

Question 16

Distinguishing a Case?

Answer 16

When a judge does not disagree with the decision made by another judge or the precedent was set some time ago and is no longer applicable, he/she will reject a previous decision and set a new precedent.

Question 17

Codified?

Answer 17

When a judges decision is made into gov’t law.

Question 18

Jurisdiction?

Answer 18

The authority that each level of gov’t (federal and provincial) have over their area to enact legislation.

Question 19

Restitution?

Answer 19

The concept of repayment ot hte victim by the charged person. The point is for the accused to face the civil with sincere remorse. Ex. Sentencing Circles.

Question 20

Retribution?

Answer 20

The concept of punishment for a crime is hard, but deserved, penalities. You never exactly have to face you crime or the victim.

Question 21

Fiduciary Duty?

Answer 21

This is a “parent-like” relationship where the federal gov’t is now obliged to act as a parent to protect Aboriginal concerns.

Question 22

Indian Act 1876?

Answer 22

One of Canada’s Constitutional documents. Treaties were made official through it. It declared Aboriginal inclusion into the Dominion of Canada. They were given certain protections through this document, and the sole responsibility for anything related to Aboriginal identity was placed on the Federal Government of Canada.

Question 23

Dominion of Canada?

Answer 23

Created by the BNA Act of 1867 with the joining of four provinces - Quebec, Ontario, Nova Scotia, and New Brunswick. Based their foundations of gov’t on protecting “peace, order, and good government”.

Question 24

Amending Formula?

Answer 24

Federal gov’t + 2/3 of provinces + 50% of Canada’s population to amend the Constitution.

Question 25

Section 24 Constitution Act 1982?

Answer 25

The Charter of Rights and Freedoms

Question 26

Entrenched?

Answer 26

Can not be removed, even by a majority vote of parliament leaders.

Question 27

Repatriated?

Answer 27

Return to country of origin.

Question 28

Statute of Westminster?

Answer 28

Gave Canada the freedom to make their own foreign affair decisions. Parliament-created law that was passed in Britain, granting Canada their independence as their own nation, no longer a British colony.

Question 29

Burden of Proof?

Answer 29

Whose responsibility is it to prove innocence or guilt (rests on the prosecution to be exact because of the whole presumption of innocence in the Charter).

Question 30

Democratic Rights?

Answer 30

The right of Canadains citizens to vote.

Question 31

Equality Rights?

Answer 31

Protection from discrimination.

Question 32

Fundamental Freedoms?

Answer 32

Basic freedoms, such as expression or religion, contained in the Charter.

Question 33

Infringed?

Answer 33

Limit or undermine something.

Question 34

Legal RIghts?

Answer 34

Charter sections that protect personal and privacy rights and safeguard procedural rights in the criminal justice system.

Question 35

Mobility Rights?

Answer 35

The right to enter and leave Canada, and the right to move between the province.s

Question 36

Notwithstanding Clause?

Answer 36

Allows provinces to opt out of provisions made by the Charter, only in areas of legislation that apply to provincial matters. A province may crate a law that exists “in spite” of the Charter. This law may exist regardless of its violation of the charter for as long as five years. Some areas of the Charter the provinces cannot override though.

Question 37

Reasonable Limits Clause?

Answer 37

A black door that allows judges to determine whether application of these laws is reasonable in a particular situation or whether it is limiting.