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27 Cards in this Set
- Front
- Back
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Who makes laws in Canada? |
Legislators make laws in Canada Parliament makes federal laws Provincial legislation make provincial law |
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What is the nature of law? |
Laws reflect morality and in some extent religious beliefs
Laws are rules that regulate the conduct of members of society
They must be authorized and enforced by government |
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What are functions of law? |
Tells us our rights, Privileges, and obligations
Determines the structure of government and assign duties and powers to its branches |
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What is law? |
The body of rules that regulate the conduct of members of society and is recognized and enforced by the government |
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What is ultra vires? |
When a branch of government acts Beyond their Authority |
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What are the two main classes of law? |
Public Law Private/civil law |
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What is public law? |
The rules that govern the relationship among the various branches of government And the government and private citizens |
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What is private / civil law? |
The rules governing the relationship between private persons or groups |
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What are the main types of public law? |
Constitutional law Criminal law Administrative law |
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What two types of rules does each type of law consist of? |
Substantive rules Procedural rules |
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What are substantive rules? |
Substantive rules of law describe our rights and duties |
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What are procedural rules? |
Tells us how the substantive law can be enforced
How our right can be protected and our wrongs redressed |
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What are the two meanings of Civil law? |
Type of codified Roman / french-based law
Any area of law that is not criminal law |
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What is common/case law? |
Law that consists of the decisions of judges in particular cases |
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What is statute/legislative law? |
Laws that are contained in legislation That are made by our provincial and federal legislators |
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What is the supremacy of parliament? |
Refers to the rule that within its area of Authority, Parliament is the supreme law maker |
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What are hard cases? |
New types of disputes for judges to resolve |
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What is statutory interpretation? |
Judges applying relevant statute law and common law to disputes |
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What is new common law? |
When judges interpret statutes in a particular way |
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What are legal rights? |
Section 7 - 13 of The Charter Another name for "due process" rights |
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What is section 7 of the charter? |
Everyone has the right to life, liberty, and security of the person And the right not to be deprived thereof except in accordance with the principles of fundamental Justice |
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What is the principles of fundamental Justice? |
The principle found in the basic tenets of the legal system
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In deciding that a principle is a principle of fundamental Justice what must the courts determine? |
1) a legal principle
2) fundamental to the way in which the legal system ought to operate fairly
3) precise enough to provide a manageable standard against which to measure deprivation of life, liberty, or security of the person |
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What are 5 examples of the numerous principles of fundamental Justice? |
A suspect has the right to silence A person cannot face criminal consequences if they do not have the mens rea and actus rea Laws must be clearly written, not vague Young offenders are entitled to diminished legal culpability Accused persons have the right to full disclosure |
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What is section 52 of the Constitution Act, 1982? |
The constitution of Canada is the supreme law of Canada And any law that is inconsistent with the provisions of the Constitution is, to the extent of inconsistency Of No Force or effect |
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What is Section 1 of the charter? |
The Canadian Charter of Rights and Freedoms guarantee the rights and freedoms set out in it subject
Only to reasonable limits prescribed by law can be demonstrably justified in a free and Democratic Society |
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What was the procedure that tested law against Section 1? |
The common law developed a procedure that must be followed when such Charter challenges are made We call this procedure in the Oaks test |
