1-7 weeks

Question 1

Rule of law

Answer 1

Canada’s founding principles
and means that law applies equally to everyone, we must respect the law even if u dont agree

Question 2

HISTORY of Canadian law

Answer 2

based on British Government
has 3 functions

Question 3

Executive

Answer 3

• administer the law
• Public servants including law enforcement who administer the law

Question 4

Judicial

Answer 4

• System of Courts and Judges
• interpret and enforce the law

Question 5

Legislative

Answer 5

• create laws and procedures
• Parliament or Provincial Assembly

Question 6

Sources of law in Canada

Answer 6

statute law, Common law, Case law `

Question 7

Statute law

Answer 7

• written laws passed by government F or P by Parliamentary and legislative process
• Statutes, Regulations (orders in Council) by Parliament or Provincial assembly
• Examples of statue: Highway traffic Act R.R.O 1990 Reg 610: Safety Helmets

Question 8

What are changes to Statute law called (2 things)

Answer 8

Amendment or repeal

Question 9

Types of Law

Answer 9

Substantive, Procedural

Question 10

Substantive law

Answer 10

creates offences and is never retroactive. The law in place at the times of the offence is what matters

the WHAT

Question 11

Procedural Law

Answer 11

Law sets out powers, authorities and processes. the law in place at the time of the proceedings is what matters

the HOW

Question 12

Common law

Answer 12

Legal custom
based of precedent

Question 13

Are common law legal customs generally procedural or substantive?

Answer 13

procedural law

Question 14

Where was common law system of law developed?

Answer 14

Feudal England

Question 15

Rule of Precedent

Answer 15

Also known as the Doctrine of Stare decisis

which is latin for “to stand by decisions”

Furthermore it requires judges to follow legal principles established in other cases from a higher court in the same jurisdiction

The previous decisions are called precedents

Question 16

What are the benefits of Precedents

Answer 16

Uniformity (same cases treated the same = fairness)
Predictability
Impartially (judge cannot be bias)

Question 17

Whats the difference between binding and persuasive

Answer 17

decision from higher courts are binding and same level courts are persavsive

Question 18

Example of a persuasive court

Answer 18

A decision from the Ontario Court of Appeal is persuasive to the Manitoba Court of Appeal

Question 19

Example of a binding decision

Answer 19

A decision from the Ontario Court of Appeal (Ont. C.A.) is binding on the Ontario Superior Courts of Justice and the Ontario Provincial Courts

Question 20

From what court do all the other courts have to follow

Answer 20

Supreme court of Canada

Question 21

what are areas of Law

Answer 21

CCA

Criminal: (Regina (Rex) vs Accused, Fines Orders, Imprisonment (Public law)

Civil: A vs B penalties, remedies, orders, (private law)

Administrative: - regulations which licence, permit or prohibit activities interpreted and enforced by tribunal (decision making body not a court) penalties, remedies, orders, regulations) HOW TO GUIDE

Question 22

What defines our relationship as citizens of the state

Answer 22

Perceptions of justice and injustice

Question 23

What does law reflect and influences?

Answer 23

Movement of political actors and changing social mores

Question 24

Strict separation of law and morality

Answer 24

Positivism

Question 25

Law has its roots in judeo-Christian conceptions of social life: lex injusta non est lex (an unjust law is no law at all)

Answer 25

Natural law and the natural law response

Question 26

Laws develop from social, political, and economic bases as well as doctrine

Answer 26

Legal realism

Question 27

Difficult to define a single Marxist response - still has relevance for social issues rooted in unequal distribution of wealth

Answer 27

Marxist theory of law and the Marxist response

Question 28

Looks to the pirposes, values, and assumptions of the legal system, challenging their contemporary relevance, rationales and validity

Answer 28

Critical legal perspective

Question 29

Both language and logic of law reinforce male values and perpetuate male power structures

Answer 29

Feminist theories of law

Question 30

- _________endorse a communitarian ethic - _________ by contrast, celebrate the rights of the individual over the rights of the community

Answer 30

Anarchist and libertarian perspectives

Question 31

Indigenous Perspective on Law

Answer 31

- they recognize ........ Tradition, original owners of a land, their culture and values, their forms of governance their is diversity among indigenous systems of law emphasis on diminishing inequalities

Question 32

What is Feudalism

Answer 32

granted nobility and land in exchange for military service of serfs or vassals

Question 33

British nobles demanded, and got, concessions from the king in the form of agreement or charter

Answer 33

Magna Carta 1215

Question 34

- Dutch and Spanish left the area - British won a major war defending the French but concessions had to be made to indigenous and french inhabitants - indigenous rights - english laws and courts - elected to govern - Roman catholics allowed to participate - french civil and french language

Answer 34

Royal Proclamation of 1763 and the Quebec Act

Question 35

- The four original provinces were ontario, quebec, Nova Scotia and new brunswick, which were given parliamentary representation according to Section 37 of the British North America Act, 1867 - Need to for a protective union but also balance: - french vs english - Catholic vs Protestant - Central vs local interests - Industry vs Agriculture - Massive infrastructure - Projects vs domestic issues

Answer 35

Confederation 1867

Question 36

- repatriate the British North America (BNA) Act - Add a charter of Rights and Freedoms - Changes the way in which conflict and compromise intertwine and evolve Individuals Social Groups Courts Become more involved, and the process is more disruptive, less predictive, less proactive discussion, more reactive response

Answer 36

Constitution Act of 1982

Question 37

Judgements, judicial decisions or precedent Subsequent courts turn to ______ when making judgments about similar issues

Answer 37

Case Law

Question 38

Problems with case law

Answer 38

1. in trying to situate a current case in the framework of a previous decision, intention of the legislators may be lost 2. Occasional need to reverse earlier judgments recasts court as quasi legislative power

Question 39

Treaties

Answer 39

Important in defining rights and obligations of settler governments in relation to indigenous peoples historic treaties are problematic because of exploitative practices of settler governments Modern-day treaties prompted by Supreme Court decision in Calder v Attorney- General of British Columbia

Question 40

As source of law, derives practices and patterns of behaviour through which society has come to order itself

Answer 40

Custom

Question 41

Indigenous example of Custom

Answer 41

Gitxsan govern themselves through ayook innu govern dispute resolution through conflict avoidance

Question 42

Books