Chapter 2

Question 1

What are the 3 branches the Canadian Legal System is divided into?

Answer 1

Legislative(creates laws), Executive(implements policies and laws), and Judicial(adjudicates on disputes)

Question 2

What is Liberalism?

Answer 2

Emphasize individuals freedom as it’s key organizing view

Question 3

What is the Constitution Conventions?

Answer 3

Rules that aren’t enforceable by a court of law, but determine how power is exercised by the government

Question 4

What is a Statue Law?

Answer 4

Formal written laws created by legislative branch

Question 5

What are the 3 levels of legislation in Canada?

Answer 5

Parliament(pass house of commons then the senate), Provincial(no senate), City Council (Municipals)

Question 6

What is Jurisdiction?

Answer 6

Power that a given level of government has to enact laws within proper authority

Question 7

What happens in the Federal Government?

Answer 7

They use jurisdiction over criminal law, criminal code of Canada does not apply to provincial

Question 8

What is Exclusive Jurisdiction?

Answer 8

1 level of government holds on its own and not on a shared basis with another level

Question 9

What is a Concurrent Jurisdiction?

Answer 9

They are shared between levels of government (public health, environment)

Question 10

What is a Paramountcy?

Answer 10

When there are conflicting/inconsistent federal and provincial laws, only when 2 laws are contradicting

Question 11

What are some examples of Federal Jurisdiction?

Answer 11

Banking, Transportation

Question 12

Who creates Bylaws?

Answer 12

Municipal Governments

Question 13

Who are Formal Executives?

Answer 13

Responsible for ceremonials features

Question 14

Who are Political Executives?

Answer 14

Responsibly for day to day operations like making government policies and administering all departments of government

Question 15

What is a Cabinet?

Answer 15

All ministers heading government departments plus the prime minister and premier

Question 16

What are Regulations?

Answer 16

Rules created by political executive that have force of the law - cabinet passes regulations

Question 17

What is Judiciary?

Answer 17

Collective reference to judges

Question 18

Who are Judges?

Answer 18

Appointed by federal and provincial governments, adjudicate on a variety of disputes

Question 19

What is an Inferior Court? (trial court)

Answer 19

With limited financial jurisdiction whose judges are appointed by provincial governments, Organized by type of case -> Small Claims Court Lies (deal with claims up to a specific amount)

Question 20

What is a Superior Court? (trial court)

Answer 20

With unlimited financial jurisdiction whose judges are appointed by federal government

Question 21

When do you go to the Supreme Court?

Answer 21

After going to Provincial courts of appeal and hear appeals from these lower courts, Litigations tend to end in provincial courts, Supreme is only available after permission/leave to appeal granted by Supreme Court itself

Question 22

What is the order of the branches?

Answer 22

Small Claims Court, Superior Court, Courts of Appeal, Supreme Court of Canada.

Question 23

What is the order of branches for federal?

Answer 23

Federal Court (trial), Federal Court (appeal), Supreme Court of Canada

Question 24

What do the Federal Court of Canada deal with?

Answer 24

Certain cases in which one of the parties is the federal government or on of its agencies

Question 25

What are the Canadian Charter of Right and Freedom?

Answer 25

A guarantee of specific rights and freedoms enshrined in the Constitution and enforceable by the judiciary

Question 26

What is Fundamental Freedoms?

Answer 26

Conscience and religion, thought belief etc. Freedom of peaceful assembly, Freedom of association

Question 27

What are Equality Rights?

Answer 27

Every individual is equal before and under the law and has the right to equal protections & equal benefit of the law without discrimination based on characteristics

Question 28

Why is the Charter important?

Answer 28

It provides protection from improper or oppressive government conduct, acknowledges that the government is entitled to restrict freedom of expression -> only if it have relevant interests carefully & reasonably

Question 29

What is said in Section 1?

Answer 29

You can infringe rights as long as it is benefiting society as a whole

Question 30

What is Royal Prerogative?

Answer 30

Historical rights and privileges of the Crown, right to conduct foreign affairs and declare war, diminishes influence on modern Canadian legal system

Question 31

What is Common Law?

Answer 31

Rules that are formulated in judgments, past judgements make up common law

Question 32

What is Precedent?

Answer 32

Using a previous case to resolve a current case because its similar, like cases should be treated alike, higher the court that created the precedent the more valued its decision, supreme court is entitled to see a case as they see fit

Question 33

What is Equity?

Answer 33

Rules that focus on what would be fair given the circumstances of the case, not the strict rules common law dictate, only assists those with "clean hands"

Question 34

Domestic vs. International Law

Answer 34

D: Internal law of a given country that includes both statue and case law. I: Laws that govern relations between states and other entities w/international legal status

Question 35

Substantive vs Procedural Law

Answer 35

S: Defines rights, duties and liabilities. P: Governing the procedure to enforce rights, duties, and liabilities

Question 36

Public vs Private Law

Answer 36

Pub: Relate to or regulate the relationship between persons & government at all levels(crime, tax,admin law). Priv: Dealing between persons (contract, tort, prop, comp law)

Question 37

What is Administrative Law?

Answer 37

Rules created and applied by those having governmental powers, by individuals who exercise a governmental function as a result of the legislation giving them power

Question 38

What is Constitution?

Answer 38

They are the most important, and will always win, they are not above the law