Chapter 2 the Canadian legal system part 1

Question 1

The canadian legal system

Answer 1

is the machinery that compromises and governs the legislative, executive and judicial branches of the government

Question 2

Government Policy

Answer 2

Central ideas/ principles that guide government in its work (includes kinds of laws that are passed)

Question 3

constitutional law

Answer 3

Supreme law of canada that constrains and controls ow the branches of government exercise power

Question 4

What are the 3 branches of the legal system

Answer 4

1. Legislative- creates statute law (impact business operations)
2. Executive- generates policy ( can be directed at businesses)
3. Judicial- provides rulings on legal conflicts and future conflicts

Question 5

Canadian constitution

Answer 5

• the law must comply with the constitution

- hard to change, the amending formula must be met

Question 6

constitutional conventions

Answer 6

rules not enforceable by the court of law but that practically determine how power is excised by the govt

Question 7

constitutional act 1867 - 4 jurisdictions set out

Answer 7

S.91
-Division of powers of the government
Federal: s.91
Prov Govt: S.92
Territorial govts: limited self government but subject to federal control
Municipal govt - Law making jurisdiction made from provincial legislature

Question 8

Exclusive federal jurisdiction

Answer 8

currency, national defense, criminal law, banking, postal service set out in section 91 of the charter

Question 9

exclusive provincial jurisdiction

Answer 9

hospitals, property, civil rights, local matters, incorporation of provincial companies section 92 of the charter

Question 10

municipalities jurisdiction

Answer 10

no constitutionally recognized powers**
-delegated powers by the province
zoning, subdivision, licensing, property tax

Question 11

Jurisdiction definition

Answer 11

Power that a level of government has to enact laws 
central authority (federal)
regional authorities (provincial)
territorial governments (limited)

Question 12

Exclusive jurisdiction definition

Answer 12

one level of government that completely controls one portion of the law
– federal government has exclusive jurisdiction over criminal law

Question 13

concurrent jurisdiction

Answer 13

shared between levels of government– public health, the environment – federal law prevails in concurrent jurisdiction – called paramountcy

Question 14

paramountcy

Answer 14

doctorine- federal law prevails in concurrent jurisdiction

Question 15

bylaws

Answer 15

Made by municipal government- zoning, taxes, business regulation

Question 16

concurrent jurisdiction over environment

Answer 16

federal: ocean, waterways, fisheries, import and export of hazardous products (tdg)
Municipal: water, sewage, noise, chemical use

Question 17

what is the executive branch of government comprised of?

Answer 17

-formal executive - responsible for ceremonial features represented by governor general or leutenant general

political executive- day to day operations -formulating and executing policy and administering departments

cabinet- all ministers heading government departments that pass regulations ( prime minister too )

Question 18

What is the judicial branch of government comprised of?

Answer 18

Judiciary- collective reference to judges – appointed by judges and it is not a branch of government
judge- appointed by federal or provincial government

Question 19

System of courts

Answer 19

• provincial / territorial system of courts with 3 levels: 1. trial, 2. intermediate appeal, 3. final appeal

Question 20

inferior court

Answer 20

• judges appointed by prov government
• limited financial jurisdiction
• organized by the type of the case
• parties appear without a lawyer

Question 21

superior court

Answer 21

judges appointed by federal government

• unlimited financial jurisdiction
• more serious criminal matters
• legal representation

Question 22

civil court

Answer 22

-small claims court - disputes with a small amount of money

Question 23

supreme court of canada scc

Answer 23

• final court of appeals
• requires permission to appeal from scc
• deal with cases of national significance

Question 24

federal court

Answer 24

• deals with some types of litigation involving the federal government

Question 25

Canadian charter of rights and freedoms

Answer 25

Became part of the charter in 1982 -it is a guarantee that the government will act with values associated with a liberal democratic state

Question 26

fundamental freedoms

Answer 26

everyone has the freedom of conscience, religion, thought, belief, opinion, expression, press, peacefule assembly and association - section 2

Question 27

equality rights

Answer 27

- charter protects of violation of rights from the government - legislation is unconstitutional when if it violates a charter right- the judges strick it down

Question 28

s. 33

Answer 28

not withstanding clause -- allows the govt to opt out of some charter rights by enacting legislation "not withstanding" that violates the charter

Question 29

what are the 2 sources of law

Answer 29

1. statute law | 2. judge made law

Question 30

Precedent

Answer 30

use of decisions made in earlier cases by judges in similar matters lower courts must follow precedents made by higher courts (it is a more valued decision) -SCC does not have to use precedent

Question 31

law of equity

Answer 31

fair given circumstances of case opposed to what strict rules of law might dictate

Question 32

classifications of the law

Answer 32

1. domestic includes substantive procedural ``` substantive includes : public private common law. civil law ``` 2. international law

Question 33

domestic law

Answer 33

internal law of a country includes procedural and substantive- and statute as well as common law - deals with individuals and cooperations

Question 34

international law

Answer 34

governs relations with other entities with in international and legal states like us and world trade - treaty law

Question 35

substantive law

Answer 35

rights, duties, liabilities (everything kinda except procedures)

Question 36

procedural law

Answer 36

-procedure to enforce rights, duties and liabilities

Question 37

public law

Answer 37

relationship between persons and all levels of government - constrains governments power ( rule of fairness) - includes criminal law, tax law, constitutional law, administrative law

Question 38

private law

Answer 38

similar to procedural law but deals with contract, tort, property and company law

Question 39

common law

Answer 39

judge made, used everywhere but not quebec | -bases private law on judicial decisions that must be applied

Question 40

civil law

Answer 40

quebecs system of private law, government by civil code- that is general principles applied to the case at hand -- look into this more..