Vocabularies

Question 1

Positivism

Answer 1

Laws are social rules made valid because they are enacted from sovereign or existing decisions.

Question 2

Realism

Answer 2

Looks beyond the law to extra-legal factors such as circumstances o the case and public opinion.

Question 3

Critical Legal Theory

Answer 3

Law is intertwined with social issues and that the law has legal biases. The law supports those who created them.

Question 4

Civil Law

Answer 4

Judges look to a central code for answers. Used by Quebec over private matters.

Question 5

Common Law

Answer 5

Judges look at former cases (precedence). Used in public laws and majority of private laws in Canada.

Question 6

Statute Law
& examples

Answer 6

Legislations passed by government.
Examples: Criminal Code, Constitution Act

Question 7

3 branches of federal government

Answer 7

Executive, legislative, judicial

Question 8

Domestic Law

Answer 8

Laws within Canada

Question 9

Foreign Law

Answer 9

Laws of other countries

Question 10

International Law

Answer 10

Laws between countries

Question 11

5 areas of Public Law

Answer 11

Criminal, constitutional, administrative, Aboriginal, Tax

Question 12

3 areas of private law

Answer 12

Contract, family, tort

Question 13

Ordinary / plain meaning

Answer 13

If word or phrase has a specific meaning, the judge must use it in its intended meaning.

Question 14

Golden rule

Answer 14

Ordinary standard or context of rule

A statue speaks on the intention of when it was written, and the intention is reflected in the statute

Question 15

Mischief rule

Answer 15

Inquire into the true meaning of statute.

The limitations in legal control that the statute was intended to correct.

E.g., Gorris v. Scott lost sheep debacle

Question 16

Noscitur a sciis

Answer 16

A general word followed by a specific word will be defined by the context of those specific words.

E.g., Need license to operate “vehicle, automobile, motorcycle, truck, or machinery of similar kind” -> this definition would place “truck” in vehicle but not “bike”

Question 17

ejusdem generis

Answer 17

Ambiguous phrases or clauses will derive their meanings from the specific context in which they appear.

E.g., “Knives, rifles, pistols, clubs, and brass knuckles, or any other such implements” are prohibited -> machine gun would be included, but not garden spade.

Question 18

Expressio unius est exclusio alterius

Answer 18

If something is specifically included it may exclude something else.

Question 19

Ultra vires

Answer 19

When governments act outside of their jurisdiction.

Question 20

Intra vires

Answer 20

When governments act within their jurisdiction

Question 21

Rule of law

Answer 21

No one is above the law, everyone is equal under the law.

Question 22

Meech Lake Accord, 1990

Answer 22

First attempt at amending the constitution. Declared Quebec as a distinct society, but did not give Indigenous people the same rights. Ultimately failed.

Question 23

Charlottetown Accord, 1992

Answer 23

Second attempt at amending the constitution. Quebec and Indigenous people declared as distinct societies. Failed: passed 7/10 provinces but didn’t get 50% public approval.

Question 24

Oakes Test

Answer 24

Test used to determine if limitation clause can be used.

Question 25

Limitation Clause

Answer 25

Section 1 of the Charter. States that no right is absolute.

Question 26

Adversarial system

Answer 26

A model of justice where the two sides compete and the truth is ascertained from that competition.I

Question 27

Inquisitorial system

Answer 27

Judge ask questions to probe for the truth.

Question 28

Intentional tort

Answer 28

When the defendant intended the act that caused harm.

Question 29

Negligence

Answer 29

When a person fails to conform o the standard of care of a reasonable person.

Question 30

Defences to intentional tort (5)

Answer 30

1. consent
2. self-defence
3. defence of property
4. necessity
5. legal authority.

Question 31

Defences to negligence (4)

Answer 31

1. contributory negligence
2. voluntary participation in antisocial action
3. accident
4. voluntary participation of risk.

Question 32

Product liability

Answer 32

Involves both contract (purchase of product) and tort (negligence in manufacturing the product).

Question 33

3 elements to contracts

Answer 33

1. intention to create legal relations
2. consensus ad item (clear offer and acceptance)
3. consideration / mutual exchange