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27 Cards in this Set

  • Front
  • Back
the body of rules that can be enforced by the courts or by other government agencies
Substantive law
establishes both the rights an individual has in society and also the limits on their conduct.
Procedural law
determines how the substantive laws will be enforced. The rules governing arrest and criminal investigation, pre-trial and court processes in both criminal and civil cases are examples. Law can also be distinguished by its public or private function.
Public Law
includes constitution law that determines how the country is governed and the laws that affect an individual’s relationship with government including criminal laws that affect an individual’s relationship with government including criminal law and the regulations created by government agencies
Civil law
the legal system used in most of Europe based on a central code which is a list of rules stated as broad principles of law that judges apply to the cases that come before them.
Common law
the legal system developed in Great Britain based on judges applying the customs and traditions of the people and then following each other’s decisions.
in a common law system judges are required to follow a decision made in a higher court in the same jurisdiction
Stare Decisis
similar case in a equal or higher court
Distinguishing on the facts
the process judges use to decide which case is binding precedent
Common law courts
the historical English court of common pleas, the court of king’s bench and the exchequer court
Roman civil law
source of civil law, and provided the common law with concepts of property and possessions
Canon or church law
legal system of the Catholic Church that contributed law in relation to families and estates
Law merchant
laws developed by the merchant guilds and source of common laws relating to negotiable instruments such as cheques and promissory notes
Court of Chancery
court developed as a supplement to the common law courts hearing matters not covered under the common law
Legal principles developed in Courts of Chancery to relieve the harshness of the common law
the process that united the British colonies in North America as the Dominion of Canada in 1867
Rule of Law
principle inherited from Britain that everyone is subject to the law including Members of Parliament and the Prime Minister
Intra vires
within the power of the body that passed the law
Ultra vires
beyond the power of the body that passed the law
(in this context) – presenting an appearance that does no correspond with reality
Bona Fide
in good faith – without deceit or fraud
when a matter is covered by both federal and provincial legislation, or there is a conflict, the federal legislation takes precedence
Parliamentary supremacy
the primary law-making body is Parliament or the provincial legislatures in their respective jurisdictions, and statues take priority over the common law.
the form in which legislation is introduced into Parliament or legislature
Royal Assent
the final approval of the representative of the British crown for a bill to become law in Canada
Charter of Rights and Freedoms
a document entrenched in the Canadian Constitution in 1982 listing and guaranteeing fundamental human rights
legislation passed by Parliament is law in the form of statutes