Chapter 2 Flashcards

1
Q

Administrative Law

A

Law related to the relationship between people and government, government boards, and agencies.

Public law.

Reparations for injuries caused by crime or harm/injuries happening in the workplace looking for compensations.

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2
Q

Bylaws

A

Locals laws unique to a district and/or town.

Mainly result in a fine.

Passed by municipal government.

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3
Q

Civil Law

A

Private law.

Law dealing with relationships between individuals and individuals and organizations.

Does not include the government.

Includes civil injuries (torts), contracts (receipts), wills, estates, property law, and employment law.

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4
Q

Constitutional Law

A

Body of law dealing with the distribution and exercise of government power.

Divided powers into federal and provincial governments.

Sets out certain basic laws, principles, and standards that all other laws must follow.

Laws must be consistent with the Constitution.

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5
Q

Contract Law

A

Branch of civil law that provides rules involving agreements between people and businesses.

Purchasing of goods and services.

If you party fails to uphold the terms of agreement, the other may seek the court for support.

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6
Q

Criminal Law

A

Law that identifies crimes and prescribes punishment.

Punishment for actions that cases harm to others (murder, robbery, assault).

All crimes described in the Criminal Code of Canada or in the form of federal statutes.

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7
Q

Distinguishing a Case

A

Identifying a case as being sufficiently different from previous cases as to warrant a different decision.

Leaving the rule of precedent.

In cases of new technology since the last similar case or a change in laws/beliefs.

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8
Q

Domestic Law

A

Laws made within a nations borders.

Includes case law and statute law.

Unique to each sovereign nation.

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9
Q

International Law

A

Law the governs relations between independent nations.

No official law-making authority, generally made by custom (general practice among states).

Can include treaties between nations such as Canada’s extradition treaties: the agreement to arrange convicted persons to other countries to be tried there under their code of law.

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10
Q

Jurisdiction

A

The power to pass and enforce laws.

Judicial authority to decide a case.

Each country and its districts within have their own levels of jurisdiction.

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11
Q

Procedural Law

A

Law that describes the methods of enforcing the rights and obligations of substantive law.

How the punishment will be carried out, what the punishment is.

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12
Q

Property Law

A

The branch of civil law the governs ownership rights of property.

Originally Canadian laws dealing with property came from British case law, now most can be found in statutes.

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13
Q

Public Law

A

Law related to relationships between individuals and the government.

Includes administrative law and criminal law.

All public laws ultimately subject to the Canadian Charter of Rights and Freedoms.

A branch of substantive law.

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14
Q

Statute Law

A

Federal law created in the form of Acts.

Legislated by the legislative branch of the government.

Override previous common law (in most cases).

When a judge interprets and applies a statute, that decision sets and precedent.

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15
Q

Substantive Law

A

Law that defines the rights, duties, and obligations of citizens and government.

Defines what the law itself is and is followed by procedural law.

Much of substantive law is found in the form of Acts and includes property rights and legal contracts if broken.

Citizens governed by substantive law.

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16
Q

Tort Law

A

The branch of civil law the holds persons or private organizations responsible for damage they cause another person as a result of accidental or deliberate action.

Restitution (repayment)

Could proclaim demands for large amounts of money to compensate for harm, pain, suffering, or financial loss due to careless actions of others.

“Women seeks $1.5 million for damages after finding the head of a rat in her burger.”

People try to avoid such accusations: “slippery when wet signs” create a warning for individuals.