Week Two Flashcards
Define bylaws
Public regulatory laws that are passed by municipal courts. Responsible for basic local services
Example: sewage, water, public transit, and garbage
Define common law
A body of principles not fully addressed by statutes or legislation. Decisions usually based on presidents which are used over and over and can be a precursor of legislative provisions. Example: criminal code does not include child medical care but common law it does (it’s reasonable)
Paramountcy
In Canadian Constitutional Law, it states that when there is a conflict between a federal and a provincial law, the federal law will prevail and the provincial law will be inoperative
Precedent
A legal case that establishes a principle or rule which is used in future cases with similar issues or facts
Procedural law
The process that each case must go through to its conclusion, it is designed to promote procedural fairness or natural justice. Example: there must be probable cause to make an arrest, or bail must be set or denied
Substantive Law
This is where the substance of the case is and is concerned with rights and obligations of the people. Example: dictates what kind of punishment someone may receive, or used to determine how to name a crime (hate crime etc)
Administrative discretion
The exercise of professional expertise and judgment, as opposed to strict adherence to statues, in making decisions or performing official acts or duties. Example: a police officer deciding to give you a ticket for a lesser charge than what the car was stopped for.
Scope of Application
Refers to how we apply the Charter of Rights within society. The core of the Charter was meant to protect individuals rights and freedoms. Both federal and provincial enact a Human Rights legislation
Name and Describe four sources of law?
Common Law
- a body of principles not fully addressed by legislation that is used to make decisions based on presidents
Statute Law
- Statutes are written codes of law created by legislature to deal with specific subject matter; have regulations that clarify how statutes are implemented
the Constitution
ByLaws
-public regulatory laws that are passed by municipal courts; responsible for basic local services
What is a precedent and why is it important?
A legal case that establishes a principle or rule which is used in future cases with similar issues or facts. It is important for consistency; cases with similar facts will consistently have similar outcomes
How does the Charter protect the rights and freedoms of individuals?
The charter protects every Canadians right to be treated equally under the law. It balances these rights against the broader need to protect society including its more vulnerable members. If a law or policy breaches the Chater, it may be declared unconstitutional.
What is the basic purpose of procedural law?
It provides the process that each case must go through until conclusion that provides procedural fairness and natural justice.
What is the purpose of administrative tribunals?
To provide a mechanism for resolving disputes over administrative decisions relating to rights, entitlements or duties described in a particular statute
