Chapter 1 book/powerpoint

Question 1

Positive Law

Answer 1

All Laws duly enacted by a body having the authority to enact and enforce them

Question 2

Natural Law

Answer 2

Laws that are JUSTIFIABLE on moral, religious or philosophical grounds. Regardless of whether or not the state has enacted/failed to enact them

Question 3

Legal Realism

Answer 3

Whatever a judge says it is

Question 4

Divisions of Law

Answer 4

Public and Private

Question 5

Public Law

Answer 5

Government & Public Interest
constitutional law
criminal law
administrative law
taxation

Question 6

Private LAw

Answer 6

interpersonal matters
contract law
family matters
property law
employment law
tort law

Question 7

Criminal Law

Answer 7

Enacted to protect the political security if the state and personal security of its citizens

Question 8

Civil Laws

Answer 8

All other laws (damages, orders and injunctions)

Question 9

Substantive Law

Answer 9

rights & remedies

Question 10

Procedural Law

Answer 10

technical and procedures by which substantive law rights are protected and enforced

Question 11

Federal Law

Answer 11

must be passed by both the house of commons and the senate and then proclaimed into force by the governor general

Question 12

Players

Answer 12

legislators
judges
jurors
lawyers
clients
police

Question 13

Notary

Answer 13

certifies but does not draft documents in BC

Question 14

Royal Prerogatives

Answer 14

Exercised through the governor general and the lieutenant governor

Question 15

British North American Act (BNA Act)

Answer 15

A statute enacted by the British paliament in 1867. Imported in Canada certain British constitutional principles such as those expressed in the Magna Carta

Question 16

Section 91 of the BNA Act

Answer 16

Sets forth the powers of the federal government.

trade, commerce, tax, national defence, banking, patents, marriage, criminal law

Question 17

Section 92 of the BNA Act

Answer 17

Sets forth the power of the Provincial government

Question 18

Beyond the Power

Answer 18

Ultra Vires.

When the government passes laws that are constitutionally within the purview of another level of government.

Question 19

Paramountcy

Answer 19

Parliament reigns supreme

Question 20

Common Law

Answer 20

accumulated body of decisions made under king henry II

Question 21

Equity Law

Answer 21

Court of Chancery dealt w/ cases when people felt that common law would treat them unfairly. Equity>Common law

Question 22

It Stands Decided

Answer 22

Stare Decisis

Makes laws predictable b/c judges follow precedents. Constant as to avoid unnecessary appeals from lower courts

Question 23

Supreme Court of Canada (SCC)

Answer 23

9 federally appointed judges
Hears 4 Types of Cases:

Criminal Appeals
Civil Appeals
Federal Appeals

when there is sufficient public or legal importance

references on constitutional matters at the request of the government

Question 24

Federal Court of Canada

Answer 24

Hears:
federal-provincial
interprovincial
maratime law
trademarks
copyrights and patents
has residual jurisdiction when other no other court has jurisdiction

Question 25

Superior Provincial Courts

Answer 25

Handles: Serious Criminal Code offenses ( treason, murder, conspiracy) Serious Criminal Code offenses that proceed by election Civil cases over a set amount of money Family Law matters (divorce, custody, guardianship) Administrative law Appeals of summary convictions Appeals of small claims courts

Question 26

Lower Provincial Courts (4)

Answer 26

Certain indictable Criminal Code offenses (summary conviction and offenses under provincial statutes) family division youth division small claims court

Question 27

5 Stages of Civil Action

Answer 27

``` PLeadings Examination of Discoveries Pretrial/mediation Trial Appeal ```

Question 28

3 Types of Criminal Offenses

Answer 28

Summary Conviction (minor) Indictable (serious) Hybrid (the Crown chooses to proceed by summary or indictable) PRESUMED INNOCENT UNTIL PROVEN GUILTY

Question 29

Actus Reas

Answer 29

Guilty Act

Question 30

Mens Rea

Answer 30

Guilty Mind

Question 31

Criminal Court Procedure

Answer 31

Arraignment Trial Sentencing Appeal

Question 32

4 Purposes of Sentencing

Answer 32

Specific Deterrence General Deterrence Rehabilitation Protection of the Public

Question 33

Divisions of Law 6

Answer 33

Public ( associated w govn't and public interest) private ( ass't with intrapersonal matters) criminal ( protection of the the security of the state and its citizens) Civil Law (non-criminal resolution of disputes) Substantive ( rights and remedies) Procedural ( procedures through which substantive rights are protected)

Question 34

Sources of Canadian Law

Answer 34

Royal Prerogatives (governor general & lieutenant governors) legislative enactments delegated law making judge made