Unit 10 Flashcards
Administrative Codes
A comprehensive set of regulations and rules established by government agencies to implement and administer laws within a particular domain, outlining procedures, standards, and enforcement mechanisms.
Adminstrative Law
The body of law that governs the activities of government agencies, including the exercise of discretionary powers, decision-making, and regulatory actions.
Administrative Tribunal
Specialized judicial bodies that handle disputes and appeals related to administrative and regulatory matters, often separate from the regular court system.
Appellate courts
A higher court that reviews decisions made by lower courts, with a primary focus on assessing legal errors or procedural issues.
Charter jurispurdence
The body of legal decisions and interpretations related to a country’s constitutional charter (e.g., the Canadian Charter of Rights and Freedoms).
Charter Based Nullifcations
The process of invalidating or nullifying legislation or government actions that are found to be in violation of a constitutional charter.
Civil Law
A legal system based on codified laws, statutes, and comprehensive codes, often associated with European legal traditions.
Common Law
A legal system based on precedent, where judicial decisions from past cases serve as authoritative sources of law, typical in countries with British legal traditions.
Concurring Opinion
A written opinion by a judge who agrees with the majority decision but offers additional or different reasons for reaching the same outcome.
Contextualism
A legal approach that considers the specific facts and circumstances of a case when interpreting and applying the law, as opposed to a strict textual interpretation.
Court of Appeal
An intermediate appellate court that reviews decisions from lower trial courts, ensuring legal errors are addressed and appropriate legal principles are applied.
Criminal Law
The branch of law that defines and prescribes penalties for actions considered crimes, including offenses against the state or society.
Dissenting Opinion
A written opinion by a judge who disagrees with the majority decision and provides alternative reasoning for a different outcome.
equality before the law
The principle that all individuals are treated equally and fairly under the law, regardless of their social or personal characteristics.
Impartiality
The quality of being unbiased and fair, particularly in the context of judges and decision-makers in legal proceedings.
Inferior Courts
Lower-level courts with limited jurisdiction that hear less complex cases, including municipal, county, or district courts.
Integrated Judicial System
A legal system in which various levels of courts and tribunals work together to provide comprehensive justice services.
Judicial Activism
The practice of judges actively interpreting and applying the law in a way that advances social, political, or policy objectives.
Judicial Bias
A situation where a judge displays favoritism or prejudice, potentially compromising their impartiality in a legal case.
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council (JCPC) is a historical legal institution that served as the final court of appeal for certain countries within the Commonwealth. Historically, it was located in the United Kingdom, and its decisions were binding on the countries that recognized its jurisdiction.The highest court of appeal for certain Commonwealth countries, including Canada, offering the final recourse in legal matters
Judicial Independence
The principle that judges should be free from external influence or interference in their decision-making, ensuring the integrity of the judicial process
Judicial Interpretation
The process of judges interpreting and applying the law to specific cases, resolving legal disputes, and setting legal precedents
Judicial Review
The power of the judiciary to review and invalidate government actions, including legislation, that are deemed unconstitutional.
Legal System
A framework of laws, regulations, and institutions that govern and administer justice within a particular jurisdiction.
Legal tradition
A historical and cultural framework that shapes a country’s legal system, such as civil law, common law, or customary law.
Majority Opinion
A written opinion by a judge who agrees with the majority decision in a case, providing the primary legal reasoning.
Notwithstanding Clause
A provision in the Canadian Charter of Rights and Freedoms allowing governments to temporarily override specific charter rights for legislative purposes.
Oakes Test
A legal test used to determine whether a limitation on charter rights is justifiable, balancing the infringement against the importance of the government objective
Precedents
Previously decided cases that serve as legal authorities and establish principles to guide future court decisions.
Political Neutrality
Political neutrality refers to the impartiality, fairness, and lack of bias that individuals or institutions exhibit in political matters. It involves the ability to refrain from taking sides, promoting particular ideologies, or engaging in partisan activities
Private Law
The area of law dealing with relationships between individuals and entities, encompassing contracts, property, torts, and family law.
Public Law
The area of law dealing with the relationship between individuals and the state, including constitutional, administrative, and criminal law.
Ratio Decidendi
The key legal reasoning or principle underlying a court’s decision that sets a binding precedent.
Reference Question
A legal procedure in which a court is asked to provide an advisory opinion on a question of law, often in a constitutional context.
Right of Appeal
The legal right to challenge a court decision by seeking review from a higher court.
Royal Commision
Official government inquiries or investigations, often led by commissioners, to examine and report on specific issues or problems.
Stare Decisis
The legal doctrine of following established precedents and respecting past judicial decisions when deciding new cases.
Supreme court of Canada
The highest court in Canada, responsible for interpreting the law, resolving legal disputes, and ensuring consistency in the application of legal principles.
