CH 01 Vocab

Question 1

A law

Answer 1

a means of social control; regulates the activities or behavior of persons or businesses. There are penalties on those who fail to obey.

Question 2

The law

Answer 2

The entire body of laws of a state that are made or adopted by a government to control the actions of those living within its jurisdiction

Question 3

Common Law

Answer 3

The law as found in the recorded judgements of the courts.

Question 4

Doctrine of Precedent

Answer 4

Use of previous judgements as an aid or rule in later decisions.

Question 5

Principles of Equity

Answer 5

Moral rules of fairness

Question 6

Specific Performance

Answer 6

is an order of a court which requires a party to perform a specific act, usually what is stated in a contract; an alternative to awarding damages, and is classed as an equitable remedy.

Question 7

Constitution

Answer 7

The basis upon which a state is organized and the powers of its government defined; controls/limits the powers of the government.

Question 8

Statute Law

Answer 8

Law passed by government; end product of a legislative process wishes of the people are brought to parliament

Question 9

Bill

Answer 9

A proposed law presented to government

Question 10

Royal Assent

Answer 10

is the method by which any constitutional monarch formally approves a bill, thus making it a law.

Question 11

Proclaimed

Answer 11

When a law becomes effective

Question 12

Civil Code

Answer 12

A body of written law that sets out the private rights of the citizens of a state. Quebec Civil code is based upon the old civil code of France

Question 13

Regulation

Answer 13

A rule created by a government body in the course of exercising its statutory power.

Question 14

Trial court

Answer 14

The court in which a legal action is first brought before a judge for a decision

Question 15

Courts of appeal

Answer 15

Courts established to review the decisions of trial courts

Question 16

Argument

Answer 16

statements made by lawyers to the court

Question 17

Leave

Answer 17

permission to leave the court

Question 18

Preliminary Hearings

Answer 18

used in criminal cases, court will hear some of the evidence to determine if sufficient evidence exists for the case to be heard in higher court

Question 19

Summary conviction rules of procedures

Answer 19

process for prosecution of minor offenses

Question 20

Indictment

Answer 20

Formal process for prosecution of serious offenses

Question 21

Charge

Answer 21

Specification of the offense the accused is alleged to have committed.

Question 22

Judgment

Answer 22

Decision of the court

Question 23

Pleadings

Answer 23

Written statements prepared by the plaintiff and defendant that set out the facts and claims of the parties in a legal action and are exchanged proper to the hearing of the case by the court

Question 24

Hearsay Evidence

Answer 24

Evidence reported by one as heard by another

Question 25

Punitive

Answer 25

As punishment

Question 26

Administrative Tribunals

Answer 26

Agencies created by legislation to regulate activities or do specific things

Question 27

Ad Hoc tribunal

Answer 27

established to deal with a particular dispute between parties

Question 28

Arbitration

Answer 28

A process for the settlement of disputes whereby an impartial third party or board hears the dispute then makes a decision that is binding on the parties. Most commonly used to determine grievances arising out of a collective agreement or in a contract disputes.

Question 29

Mediation

Answer 29

Process using a neutral third party to facilitate discussion and resolution of issues in dispute.