Chapter 2, 3 Legal System Flashcards
(45 cards)
Parliamentary Supremacy
principle that the primary law- making body is Parliament or the provincial legislatures in their respective jurisdictions, and that stat-utes take priority over the common law
Substantive Law
law establishing both the rights an individual has in society and also the limits on her conduct
Procedural Law
law determining how the substantive laws will be enforced— for example, the rules governing arrest and criminal investigation, pre- trial, and court processes in both criminal and civil cases
Public Law
the public good; law concern-ing the government and individuals’ relationship with it, including criminal law and the regulations created by govern-ment agencies
Private Law
the rules that govern our personal, social, and business relations, which are enforced by one person’s suing another in a private or civil action
Common Law System
the legal system developed in England based on judges applying the customs and tradi-tions of the people and then following each other’s decisions
Civil Law System
the legal system used in most of Europe based on a cen-tral code, which is a list of rules stated as broad principles of law that judges apply to the cases that come before them
Stare Decisis
a principle by which judges are required to follow the decision made in a similar case in a higher court
Precedent
an earlier court decision; in a common law system, judges are required to follow a decision made in a higher court in the same jurisdiction
Statutes
law in the form of legislation passed by Parliament
Legislative Branch
Judicial Branch
Executive Branch
Regulations
Rule of Law
Division of Powers
Ultra Vires
beyond the jurisdiction, power, or authority of a decision maker
Smaller Laws that violates the higher law
Paramountcy
Canadian Charter of Rights and freedom
Entrenched
Notwithstanding Clause S.33
a law that created knowing going against the constitution but its important enough to have and its limited.
Administrative Law
Appeal
Civil Litigation
