Module 1

Question 1

Canadas Constitution is described as a what?

Answer 1

Living tree (something thats always growing and evolving)

Question 2

What is Public Law?

Answer 2

The relationship between individuals and society as a whole
ex. criminal law, constitutional law, administrative law

Question 3

What is Private Law?

Answer 3

The relationship individuals have between each other
ex. contract law, tort law

Question 4

What is another name for private law, and what is it called when an individual files a law suit against someone else?

Answer 4

Civil Law
A civil suit

Question 5

Why do we need law?

Answer 5

to ensure our society is functional and predictable,

Question 6

What are the two major sourcs law comes from?

Answer 6

Legislation and Common law

Question 7

What is Legislation?

Answer 7

Law passed by a democratically elected body (government).
- Provincial legislation is passed by the provincial legislator
- Federal laws are passed by parliament

Question 8

What is Common Law?

Answer 8

Law that comes from judicial decisions
Also called “Judge made law”

Question 9

What is the most well known example of legislation in the country

Answer 9

the Criminal Code

Question 10

What are the 3 branches of government?

Answer 10

Executive
Legislative
Judicial

Question 11

We elect our representatives to a body called what?

Answer 11

The provincial legislature

Question 12

Federally we elect our representatives to parliament, where are they elected?

Answer 12

House of Commons

Question 13

What are Municipalities?

Answer 13

Cities/towns/districts that are the 3rd layer of government. They have elections and pass bylaws, but isnt a true source of legislation. They act on authority thats been transfered from provincial government.

Question 14

What are the five steps of passing a bill?

Answer 14

Bill
First reading
Second reading
Committe stage
Final reading

Question 15

What is a Bill?

Answer 15

An idea or proposal

Question 16

What happens in the First Reading?

Answer 16

A bill is put forward by an elected represetnative and an inital draft is voted on by members of that legislative body

Question 17

After the five steps of passing a bill, what happens next?

Answer 17

It has to go through federal legislation where the process repeats itself seperately in the HOC and the Senate starting at the first reading. Each bill has to go through 3 readings in each of these seperate halves

Question 18

Because the readings have to go through both the senate and HOC, what is this system called?

Answer 18

“Bicameral system of Government”

Question 19

When legislation passes, it must recieve ______ _______ before it can take effect.

Answer 19

Royal Assent.

Question 20

The King himself isnt the one reviewing these acts. who does this on his behalf?

Answer 20

His representative: the Governor General, approves the legislation

Question 21

When a bill is passed, its called an Act. What are 3 things Acts can do?

Answer 21

Acts can create new laws

Acts can change existing laws (Amending)

Acts can remove existing laws (Repeal)

Question 22

It takes a long time for legislation to pass, sometimes even years. What do we do insead when change needs to happen fast?

Answer 22

We use Regulations

Question 23

What are Regulations?

Answer 23

They are attached and enabled by a particular act. They contain more specific details whereas an Act has general ideas and broad principles

Question 24

A regulation is attached to an act. What is this relationship called?

Answer 24

an “enabling statute”

Question 25

Sometimes legislation is unclear as there are new situtions and legislation can also conflict other legislation. To resolve these difficulties, what tool do we use?

Answer 25

Driedgers principle: it means that we need to combine 3 approaches. 1) Plain meaning approach 2) contextual approach 3) propulsive approach

Question 26

What is the Plain Meaning approach?

Answer 26

Reading the words of an act and deciding what they mean (straight forward)

Question 27

What is the contextual approach?

Answer 27

Asking: does your interpretation conflict w/ other sections of the act or other acts. Considered the "golden rule"

Question 28

What is the Purposive Approach?

Answer 28

Asking: What is the objective of the act? what problem is trying to be solved? Also called the "Mischief Rule" because you examine the mischeif sought to be prevented

Question 29

What is "Common Law"

Answer 29

Judge made law that comes from the Judicial branch. It refers to previous decisions. It originated in the English legal system

Question 30

What is another name for common law?

Answer 30

Precedent or jurisprudence

Question 31

What type of system does Canada have?

Answer 31

Its mostly a common law system. Some issues in Quebec are dealt with under the "civil system"

Question 32

Judges in Canada are _______, not elected, and are usually ________ lawyers.

Answer 32

Appointed; Senior

Question 33

Being a judge is _________ and mandatory retirement is at ___.

Answer 33

Permanent;75

Question 34

Canada has an "Adversarial System," what does this mean?

Answer 34

Meaning a court case will always involve a conflict or dispute between 2 or more parties.

Question 35

Usually at least 1 rule emerges from a case, we call this general rule "______ ______" or "_____." This is part of the case thats binding on lower courts. The other parts are called "_______ _______," things that are beside the point and are not strictly speaking.

Answer 35

Ratio Descendi or Ratio Obiter Dictum

Question 36

Can common law be overruled by legislation? Why?

Answer 36

Yes, if the legislative body doesnt like a common law rule, they can override or change it. This is because our judiciary is not elected, our legislative bodies were elected and have "parliamentary supremacy."

Question 37

What is a Democratic Mandate?

Answer 37

A mandate is ligitamate power given through popular support, conveyed through elections

Question 38

In what cases can a judge (court) overturn legislation?

Answer 38

All acts and reguations need to be conistent with the constitution and if its not then its unconstitutional. in these cases judges can overturn legislation

Question 39

What are the "Rules of Law?"

Answer 39

- rules are not arbitrary decided - you cant ignore the law because you dont agree with it - no one is above the law

Question 40

Where does our legal system come from?

Answer 40

Canadas legal system is based on the English and French systems, explorers and colonists brought these systems to Canada in the 17th and 18th centuries

Question 41

How is Civil Law different than Common Law?

Answer 41

Common law isn't written down as legislation, it evolved into a system of rules based on precedent (past examples) Civil law is a statement of rules to deal with any dispute. Courts look first at a civil code, then after refer to previous decisions to see if their consistent