Unit 10

Question 1

Administrative Codes

Answer 1

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.

Question 2

Adminstrative Law

Answer 2

The body of law that governs the activities of government agencies, including the exercise of discretionary powers, decision-making, and regulatory actions.

Question 3

Administrative Tribunal

Answer 3

Specialized judicial bodies that handle disputes and appeals related to administrative and regulatory matters, often separate from the regular court system.

Question 4

Appellate courts

Answer 4

A higher court that reviews decisions made by lower courts, with a primary focus on assessing legal errors or procedural issues.

Question 5

Charter jurispurdence

Answer 5

The body of legal decisions and interpretations related to a country’s constitutional charter (e.g., the Canadian Charter of Rights and Freedoms).

Question 6

Charter Based Nullifcations

Answer 6

The process of invalidating or nullifying legislation or government actions that are found to be in violation of a constitutional charter.

Question 7

Civil Law

Answer 7

A legal system based on codified laws, statutes, and comprehensive codes, often associated with European legal traditions.

Question 8

Common Law

Answer 8

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.

Question 9

Concurring Opinion

Answer 9

A written opinion by a judge who agrees with the majority decision but offers additional or different reasons for reaching the same outcome.

Question 10

Contextualism

Answer 10

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.

Question 11

Court of Appeal

Answer 11

An intermediate appellate court that reviews decisions from lower trial courts, ensuring legal errors are addressed and appropriate legal principles are applied.

Question 12

Criminal Law

Answer 12

The branch of law that defines and prescribes penalties for actions considered crimes, including offenses against the state or society.

Question 13

Dissenting Opinion

Answer 13

A written opinion by a judge who disagrees with the majority decision and provides alternative reasoning for a different outcome.

Question 14

equality before the law

Answer 14

The principle that all individuals are treated equally and fairly under the law, regardless of their social or personal characteristics.

Question 15

Impartiality

Answer 15

The quality of being unbiased and fair, particularly in the context of judges and decision-makers in legal proceedings.

Question 16

Inferior Courts

Answer 16

Lower-level courts with limited jurisdiction that hear less complex cases, including municipal, county, or district courts.

Question 17

Integrated Judicial System

Answer 17

A legal system in which various levels of courts and tribunals work together to provide comprehensive justice services.

Question 18

Judicial Activism

Answer 18

The practice of judges actively interpreting and applying the law in a way that advances social, political, or policy objectives.

Question 19

Judicial Bias

Answer 19

A situation where a judge displays favoritism or prejudice, potentially compromising their impartiality in a legal case.

Question 20

Judicial Committee of the Privy Council

Answer 20

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

Question 21

Judicial Independence

Answer 21

The principle that judges should be free from external influence or interference in their decision-making, ensuring the integrity of the judicial process

Question 22

Judicial Interpretation

Answer 22

The process of judges interpreting and applying the law to specific cases, resolving legal disputes, and setting legal precedents

Question 23

Judicial Review

Answer 23

The power of the judiciary to review and invalidate government actions, including legislation, that are deemed unconstitutional.

Question 24

Legal System

Answer 24

A framework of laws, regulations, and institutions that govern and administer justice within a particular jurisdiction.

Question 25

Legal tradition

Answer 25

A historical and cultural framework that shapes a country’s legal system, such as civil law, common law, or customary law.

Question 26

Majority Opinion

Answer 26

A written opinion by a judge who agrees with the majority decision in a case, providing the primary legal reasoning.

Question 27

Notwithstanding Clause

Answer 27

A provision in the Canadian Charter of Rights and Freedoms allowing governments to temporarily override specific charter rights for legislative purposes.

Question 28

Oakes Test

Answer 28

A legal test used to determine whether a limitation on charter rights is justifiable, balancing the infringement against the importance of the government objective

Question 29

Precedents

Answer 29

Previously decided cases that serve as legal authorities and establish principles to guide future court decisions.

Question 30

Political Neutrality

Answer 30

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

Question 31

Private Law

Answer 31

The area of law dealing with relationships between individuals and entities, encompassing contracts, property, torts, and family law.

Question 32

Public Law

Answer 32

The area of law dealing with the relationship between individuals and the state, including constitutional, administrative, and criminal law.

Question 33

Ratio Decidendi

Answer 33

The key legal reasoning or principle underlying a court’s decision that sets a binding precedent.

Question 34

Reference Question

Answer 34

A legal procedure in which a court is asked to provide an advisory opinion on a question of law, often in a constitutional context.

Question 35

Right of Appeal

Answer 35

The legal right to challenge a court decision by seeking review from a higher court.

Question 36

Royal Commision

Answer 36

Official government inquiries or investigations, often led by commissioners, to examine and report on specific issues or problems.

Question 37

Stare Decisis

Answer 37

The legal doctrine of following established precedents and respecting past judicial decisions when deciding new cases.

Question 38

Supreme court of Canada

Answer 38

The highest court in Canada, responsible for interpreting the law, resolving legal disputes, and ensuring consistency in the application of legal principles.