- Governs the process of the hearing - Combination of process developed at common law and rules contained in the relevant statue

Chapter 1 Flashcards by user delete

Laws that govern the relationship between individuals and society. 1) Criminal law 2) Constitutional law 3) Administrative law

Public Law

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Judiciary

Judges in the various courts who apply and interpret laws for the facts of each case

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Made up of the prime minister and other ministers Responsibilities: 1) Administering and enforcing laws 2) Accountable to the legislature

Executive

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Laws that govern the relationship between individuals, including: 1) Family law 2) Contract law 3) Tort law

Private or Civil Law

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Less serious criminal charges - Max 6 months in jail - Up to $2,000 fine

Summary Conviction

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1) Bills become laws or Acts: Receive royal assent and have been proclaimed into law 2) Case or Common law: Judges’s decisions are recorded and published in law reports, which determine legal precedents upon the future like cases are based upon.

Sources and Types of Law

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A system of rules that order society, defining a code of behaivour and establishing a framework of social institutions within which certain freedoms may be exercised.

The Nature of Law

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Substantive Law

The substance of legal action normally contained in a statute

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Procedural Law

Governs the process of the hearing - Combination of process developed at common law and rules contained in the relevant statue

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Common Law

A process by which each division of the court rests upon previous devisions call precedents

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Charter of Rights and Freedoms

Outlines the fundamental human rights that are guaranteed to all Canadians. Cannot be violated. Exception: 1) Limits placed on the rights are reasonable, 2) Prescribed by law 3) Justifies in a free and democratic society

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Administrative Boards and Tribunals

Charged with authority from federal and provincial legislatures to pass subordinate legislation (regulations) without having to go through the regular process.

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The supreme law of Canada outlining the basic principles of democratic government. Defines the 3 branches of government. Affirming the federal legal system that divides power between federal and provincial.

Constitution

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The Nature of Law

A system of rules that order society, defining a code of behaivour and establishing a framework of social institutions within which certain freedoms may be exercised.

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Judges in the various courts who apply and interpret laws for the facts of each case

Judiciary

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Civil Legal Procedure

1) Negotiations for settlement 2) Application to the court: “answer” or “appearance” 3) The pleadings: statement of claim or defence 4) Examination for Discovery: documents and physical evidence 5) Hearing/ Trial: Burden of proof “balance of probabilities” 6) Judgement: grant whatever remedies may be available 7) Enforcement: court orders can be obtained to ensure enforcement

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Proposal for a law that must pass through 3 readings in legislature and receive royal assent before officially becoming a law *Note* Public and Private Bills

Bill

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Governs the process of the hearing - Combination of process developed at common law and rules contained in the relevant statue

Procedural Law

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Charter of Rights and Freedoms

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The Quebec Civil Code - Evolved from Roman model - Based on written civil code

Exception to common law model

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The functions of law in society

1) Regulatory: A person is free t do anything that is not prohibited by law 2) Empowering and Obligating: individuals and organizations may use rights and freedoms at the same time fulfill legal obligations 3) Dispute Resolving and Enforcement: the courts and police fulfill this function of the legal system

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Public Law

Laws that govern the relationship between individuals and society. 1) Criminal law 2) Constitutional law 3) Administrative law

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1) BC Provincial Court: Criminal, civil, family, youth crime, and small claims court 2) BC Supreme Court: Serious criminal and civil cases, divorce 3) BC Court of Appeal: Hears appeals from Provincial and Supreme Courts 4) Supreme Court of Canada: Final court of appeal from all other courts

Court Hierarchy

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Provides ladder for appeals for lower court appeals - Legal principal precedence - Adversarial legal system - Legal “truth will emerge when both side have equal opportunity to present their case

Reason for hierarchy of courts

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If legislature passed a law that is beyond its legislative scope or legal jurisdiction, it is said to be operating \_\_\_\_\_?

Ultra Vires

- Burden of proof "beyond reasonable doubt" - Obligation to prove criminal cases (rests on the Crown) - Criminal (substantive)- jurisdiction of federal government - Administration of justice (procedural)- provincial govern. - Complaint and police investigation - Decision to prosecute (Crown Counsel) - The right to counsel (Constitutional right) - The court appearance - Judicial interim release (bail) - Trail in a court - Conviction or acquittal - Sentencing - 30 days to appeal

Criminal Legal Procedure

1) The executive 2) The Legislative 3) The Judiciary

3 Branches of Government

The legal model in Quebec that is based on a set of rules to deal with disputes

Civil Code

Exception to common law model

The Quebec Civil Code - Evolved from Roman model - Based on written civil code

Legislature or Parliament

Provincial and federal legislatures hold the power to make, change, and repeal laws

Administrative bodies

- Regulations carry out the purpose or expand general law - Hear cases, interpret and apply the law - Less formal than courts

A process by which each division of the court rests upon previous devisions call precedents

Common Law

Constitution

3 Branches of Government

1) The executive 2) The Legislative 3) The Judiciary

Priviledge

Only lawyers have absolute confidentiality

- Defines power of government - Canadian Charter of Rights and Freedoms protects fundamental rights of Canadians - Legislature may alter and repeal laws Judiciary and administrative bodies interpret and apply the law

The Canadian Constitution

Sources and Types of Law

1) Bills become laws or Acts: Receive royal assent and have been proclaimed into law 2) Case or Common law: Judges's decisions are recorded and published in law reports, which determine legal precedents upon the future like cases are based upon.

The substance of legal action normally contained in a statute

Substantive Law

Laws start out as "bills" and must pass through 3 readings and receive royal assent. Federal law is consistent across Canada, however, provincial law may have blunt differences.

Legislature

Indictment Conviction

More serious criminal charges - Murder - Attempted murder - Armed robbery 5 or more years- has an election of trail method - Judge or Judge and jury Crown Counsel elects which route to go

- Entrenched in the Constitution - Takes precedence over federal and provincial law - Only infringement if the limits can be shown reasonable by law and justifies in free and democratic society - Sets out minimum level of rights only.

The Charter of Rights and Freedoms

The functions of law in society

More serious criminal charges - Murder - Attempted murder - Armed robbery 5 or more years- has an election of trail method - Judge or Judge and jury Crown Counsel elects which route to go

Indictment Conviction

Only lawyers have absolute confidentiality

Priviledge

A friend of the court that is not a party to a case but is appointed by the court to make written submissions because of the values expertise or perspective

Amicus Curiae

A party with an interst that demonstrates it can make useful submissions to the court different from the other parties

Intervenener

The Canadian Constitution

Summary Conviction

- Less serious criminal charges - Max 6 months in jail - Up to $2,000 fine

Three sources of confidentitality

1) Professional Code of Ethics 2) Common Law 3) Statute Law

Criminal Legal Procedure

Reason for hierarchy of courts

- Provides ladder for appeals for lower court appeals - Legal principal precedence - Adversarial legal system - Legal "truth will emerge when both side have equal opportunity to present their case

1) Professional Code of Ethics 2) Common Law 3) Statute Law

Three sources of confidentitality

Provincial and federal legislatures hold the power to make, change, and repeal laws

Legislature or Parliament

Executive

Made up of the prime minister and other ministers Responsibilities: 1) Administering and enforcing laws 2) Accountable to the legislature

The Charter of Rights and Freedoms

Court Hierarchy

Bill

Proposal for a law that must pass through 3 readings in legislature and receive royal assent before officially becoming a law \*Note\* Public and Private Bills

Civil Code

The legal model in Quebec that is based on a set of rules to deal with disputes

Charged with authority from federal and provincial legislatures to pass subordinate legislation (regulations) without having to go through the regular process.

Administrative Boards and Tribunals

Exceptions to confidentitality

1) Valid court order, search warrant, subpoenaed, coroner's ordered 2) Child, Family and Community Service Act 3) Health Act 4) Insurance (motor vehicle) Act 5) Workers Compensation Act

Amicus Curiae

A friend of the court that is not a party to a case but is appointed by the court to make written submissions because of the values expertise or perspective

Private or Civil Law

Laws that govern the relationship between individuals, including: 1) Family law 2) Contract law 3) Tort law

Intervenener

A party with an interst that demonstrates it can make useful submissions to the court different from the other parties

Legislature

Laws start out as "bills" and must pass through 3 readings and receive royal assent. Federal law is consistent across Canada, however, provincial law may have blunt differences.

Ultra Vires

If legislature passed a law that is beyond its legislative scope or legal jurisdiction, it is said to be operating \_\_\_\_\_?

1) Valid court order, search warrant, subpoenaed, coroner's ordered 2) Child, Family and Community Service Act 3) Health Act 4) Insurance (motor vehicle) Act 5) Workers Compensation Act

Exceptions to confidentitality

1) Negotiations for settlement 2) Application to the court: "answer" or "appearance" 3) The pleadings: statement of claim or defence 4) Examination for Discovery: documents and physical evidence 5) Hearing/ Trial: Burden of proof "balance of probabilities" 6) Judgement: grant whatever remedies may be available 7) Enforcement: court orders can be obtained to ensure enforcement

Civil Legal Procedure

- Regulations carry out the purpose or expand general law - Hear cases, interpret and apply the law - Less formal than courts

Administrative bodies

Chapter 1 Flashcards

(68 cards)