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14 Cards in this Set
- Front
- Back
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3 branches of government in Canada |
Executive, legislative and judicial |
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Describe the Executive branch |
Enforces the laws. Follows the laws set forth in the legislative branch. Made up of the head of State ( Represented in Canada by the Governor General on behalf of the Monarch), the Prime Minister (the head of the party that holds the majority in the house of commons) and the Cabinet (currently made up of 30 members selected by the Prime Minister) |
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Define the Judicial branch in Canada |
Refers to the court system in Canada. Comprises of Federal, Provincial courts as well as courts of appeal and tribunals. The Judicial branch interpret laws given by the legislative branch |
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Describe the Legislative branch |
Writes and passes the laws. Made up at the lower level by the House of Commons, at the Mid level by the Senate (105 appointed members who may hold their position until age 75) and at the highest level by the Sovereign who must give royal assent to bills before they become law. |
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Desribe the legislative process in Canada |
A proposed law (known as a bill) can be introduced to government in either the House of Commons or The Senate, however it is more common to see the bills first proposed in the House of Commons. A Bill must go through 3 readings and be passed separately through the House of Commons and the Senate before being put forth for Royal Assent (the final stage in law making). |
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Desribe the 3 readings process |
Upon first reading in the senate the bill is presented and copies are given to the senators to read. On second reading the principle and purpose of the bill are debated . Following second reading most bills are referred to a special committee for additional research and consideration before being presented for a third reading In the third reading, amendments are given and a new copy of the bill is circulated before a final vote in the House of Commons. If the bill passes it will then be put through to the Senate. |
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Statues |
Written law - not from the common people |
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Common law |
Based on "Stare decisis", roughly translated to mean stand by that which has been decided. It is the doctrine for modern precendent. |
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Advantages of following Case Law |
Uniformity- without uniformity, similar cases may have entirely different outcomes. Predictably- a lawyer may be able to look at similar cases and be able to predict outcomes or consequences of conviction Impartiality - because of precedent, a judge is unable to show a favouritism to either party |
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Equity |
If precendent produces an unfair result, the principle of equity (fairness) takes priority |
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Stages in action- pleadings |
Include complaint, answer, reply and counterclaim. The most important pleading in a civil case is “complaint” which sets out the plaintiff's version of the facts, specifying the damages. |
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Discovery (Stages in action) |
Evidence is examined on both sides. Discovery often ends the litigation process by means of settlement |
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Pre-trial stages in action |
lawyers discuss their clients’ positions and the judge who is presiding over the conference tries to help them reach a settlement. The judge may tell the parties how he or she would decide the case if he or she was trying the case. The judge’s opinion on the case is not binding and the judge conducting the pre-trial conference cannot hear the actual trial if the parties decide to continue. |
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The governor general |
1) to give royal assent on behalf of the queen 2) grant roayl pardons 3) dismiss and appoint cabinet ministers 4) dissolve parliment and call general elections 5) appoint or dissmiss all superior court judges |
