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Law 12 > Chapter 1 & 2 > Flashcards

Chapter 1 & 2 Flashcards

0
Q

Procedural Law

A

Steps to follow to pursue a case

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1
Q

Statute Law

A

Written laws established by a legislative body

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2
Q

Constitutional Law

A

Divides powers between federal & provincial governments

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3
Q

Administrative Law

A

Controls relationship between citizens & government agencies

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4
Q

Family Law

A

Deals with relationships between spouses, parents, and children.

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5
Q

Property Law

A

Controls use, enjoyment, and rental of property

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6
Q

Labour Law

A

Governs relationship between employers and employees

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7
Q 
Napoleonic Code 
(And its importance)
A
  • based on roman law
  • emphasized equality
  • what Quebec’s civil laws are based on
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8
Q

Magna Carta

A
  • 1st constitution

- established habeus corpus (prisoners get a trial within a reasonable amount of time)

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9
Q

Precedent

A

Rule established in a previous case that must be established in subsequent cases

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10
Q

Rule of Law

A

Nobody is above the law - it applies to everyone

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11
Q

Provincial Powers

A
  • education

- natural resources

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12
Q

How a bill becomes a law

A
  • introduced to House of Commons (1st reading)
  • goes to committee
  • vote
  • senate
  • gg (royal asset)
  • statute
  • comes into effect on proclamation day
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13
Q

Federal Powers

A
  • criminal law

- aboriginal people & their land

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14
Q

Private Law

A

Controls relationships between citizens, & citizens vs. organizations

  • family law
  • contract law
  • tort law
  • property law
  • labour law
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15
Q

Public Law

A

Controls relationship between government and people

  • criminal law
  • constitutional law
  • administrative law
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16
Q

3 components of Canada’s constitution

A
  • BNA Act
  • Statute of Westminster
  • Constitution Act
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17
Q

English Common Law

A

Kings decided to appoint judges to discuss cases based on precedent

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18
Q

Substantial Law

A

Divided between private and public law

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19
Q

Statute of Westminster

A
  • 1931
  • make our own laws
  • control our foreign policy
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20
Q

BNA Act

A
  • 1867

- makes Canada a nation and divides federal & provincial powers

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21
Q

Constitution Act

A
  • 1982
  • BNA act
  • Amending formula
  • Charter of Rights and Freedoms
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22
Q

Criminal Law

A

Rules passed by parliament defining offences against society

23
Q

Contract Law

A

Outlines requirements for legally binding agreements

24
Q

Tort Law

A

Deals with wrongs one person commits against another person (ie. negligence)

25
Q

Case Law

Common law

A

A system based on the outcome of precedents

26
Q

What is law?

A
  • a set of rules established by gov. for all members of society to follow
  • sets consequences
  • reflects society’s values
  • provides basis for solving disputes
27
Q

4 main functions of law

A
  • establish rules of conduct -> minimize possible conflict
  • protect rights and freedoms -> use police and courts to enforce laws
  • Protects society against those who may take advantage
  • sets up structure of gov. & directs us on how to make new laws
28
Q

Rights

A

Can’t be denied

29
Q

Freedoms

A

Have limitations

30
Q

Civil rights

A

Limits governments power

31
Q

Human rights

A

Protect someone from discrimination between individuals

32
Q

Canadian Bill of Rights

A

Federal law - provincial law can choose to deny parts of it

33
Q

Canadian Charter of Rights and Freedoms

A

Supreme law - hard to deny

34
Q

Why do some people believe the Charter gives the courts too much power?

A

Because judges can overrule laws and decide charter violations

35
Q

Section 32 of Charter

A

Your rights with regard to federal and provincial powers are protected

36
Q

Section 1

A

Limitation - allows gov. to limit an individual’s rights to prevent objectionable conduct (ie. hate speech)

37
Q

Section 33

A

Notwithstanding clause - allows gov. to pass laws that are exempt from certain parts of the charter (ie. laws about fundamental freedoms, legal, and equality rights)

38
Q

Enforcement of charter rights

A
  • illegally sourced evidence can be left out of proceedings
  • make personal complaint to courts
  • law can be struck down
39
Q

Categories of Rights and Freedoms within the charter

A
  • fundamental freedoms
    - conscience & religion
    - thought, belief, expression
    - peaceful assembly & association
  • democratic rights
  • mobility rights
  • legal rights
  • equality rights
  • official languages
  • minority language educational rights
  • aboriginal rights
  • multicultural & heritage rights
40
Q

Fundamental freedoms

A
  • Basic rights and freedoms of Canadians

- includes: conscience & religion; thought, belief, expression, opinion; peaceful assembly & association

41
Q

Democratic rights

A

Right to vote

42
Q

Mobility rights

A

Move freely inside & outside Canada

43
Q

Legal Rights

A

For criminal acts & imprisonment

44
Q

Equality Rights

A

Equal treatment under the law

45
Q

Official Languages

A

English & French have equal importance

46
Q

Minority Language Education Rights

A

Providing education in French/English

47
Q

Aboriginal Rights

A

Charter rights can’t interfere with treaty rights

48
Q

Multicultural & Heritage Rights

A

Consider Canada’s multiculturalism when making laws

49
Q

Stereotyping

A

Making a global judgement on all members of a group

50
Q

Prejudice

A

Applying a stereotype to an individual

51
Q

Discrimination

A

When a person acts on a prejudice or stereotype

52
Q

Intentional Discrimination

A

Purposely committing a discriminatory act

53
Q

Unintentional Discrimination

A

Treating others unfairly without being aware of it

54
Q

Intent of human rights legislation

A

To protect people against discrimination from private businesses as well as other people

55
Q

Procedure for human rights complaints

A
  • file a complaint with human rights commission within 6 months
  • human rights officer will interview you/investigate
  • go to human rights tribunal

Law 12 (9 decks)

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