Flashcards in Law and the Media Deck (22)
The legal system that relies heavily on case precedence is called___.
Civil law is based off of _____. It is practiced in Quebec and a European based system.
the Civil Code. Soundness of reasoning over precedence.
The Constitution is also known as___. (1867)
The British North America Act. It was signed in PEI, and is the foundation of all laws in the country.
Pertaining to the Constitution, the Federal Parliament was given the power to:
Regulate trade and commerce, taxation, borrowing of money, military, banks, postal service, immigration and penitentiaries.
Pertaining to the Constitution, the Provincial Parliament was given the power to:
tax, make provincial offices, run some prisons, hospitals and healthcare, municipal institutions, liquor, local works, incorporating companies, property ownership
What are the 3 branches of the government?
-Legislature: makes and passes the law
-Executive: PM office, cabinet, ministries, CRA
-Judicial: courts, judges, enforce the law, police
Name 4 forms of laws
- common law
What was the significance of the Constitution Act, 1982 (34 years ago)?
Canada became a Federation, so it could pass its own laws without England's involvement. It also introduced the Charter of Rights and Freedoms into the new Constitution.
Name a few of our Fundamental Freedoms outlined in the Charter of Rights and Freedoms.
-of thought belief, opinion and expression, including the freedom of the press and other media of communication
-of peaceful assembly
-freedom of association
-freedom of mobility (within Canada, etc)
-Freedom of life, liberty, security of person
-equality before and under the law
What country has the oldest constitution?
The US. (1776)
What are the two types of law that we discussed in class?
- criminal law
What does criminal law pertain to?
This is when someone is charged with an offense for breaking the law.
What does civil law pertain to?
This is when and individual is looking for compensation after having been civilly wronged.
Who defines the law?
The courts (judiciary) interpret the laws
Who makes the law?
The legislative (parliament)
True or False: Courts of specialization have the same amount of authority as trial court
True: they are just specialized in specific areas, but they are equal to trial court
In civil court cases who has the burden of proof?
The plaintiff. It is based off of a balance of probabilities, after a preponderance of the evidence.
In civil court cases who are the two parties?
The plaintiff and the defendant, the defendant will be found liable.
In criminal court cases who has the burden of proof?
The Crown has the burden of proof. They must prove the accused is guilty "beyond a reasonable doubt".
In criminal court cases who are the two parties?
The Crown and the defendant
What are the 3 levels of the court system?
-Supreme Court (of Canada)
-Trial Court (including Courts of Specialization)