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.