The Canadian Legal System, Organizations, And Global Considerations. Flashcards
(46 cards)
What are the two main levels of lawmaking in Canada?
Federal (Parliament of Canada) and Provincial/Territorial (e.g., Legislative Assembly of Ontario)
This structure is fundamental to understanding the Canadian legal system.
What is the first step in the process of making Canadian laws?
Drafting the Bill
A bill is a proposed law introduced by a government minister or an individual member.
What occurs during the Second Reading of a bill?
The principle of the bill is debated, and a vote is held.
If passed, the bill moves forward in the legislative process.
What is the purpose of the Committee Stage in the legislative process?
The bill is examined clause by clause, and amendments may be proposed.
Experts and citizens may be invited to provide comments.
What is Royal Assent?
It is when the bill receives approval from the Governor General or Lieutenant Governor and becomes law.
This step follows the passage of the bill by both chambers.
What are the three types of laws in the Canadian legal system?
Law (Statute/Act), Regulation, By-law
Each type has different levels of government and processes for creation.
Who makes regulations in Ontario?
Lieutenant Governor in Council (Cabinet) or Minister
Regulations are made without debate in the legislature.
What is the Supreme Court of Canada’s role?
Serves as the final court of appeal, addressing cases of national significance.
Ensures uniform interpretation of the law across the country.
What do Provincial and Territorial Courts handle?
Less serious criminal offenses, traffic violations, and small claims.
Superior Courts handle more serious matters.
What is the function of Administrative Tribunals?
Resolve disputes in specialized areas, such as employment insurance and human rights.
Their decisions can be reviewed by courts.
What is Tort Law in the context of engineering?
Deals with professional liability and negligence claims (e.g., design errors).
It involves civil liability, not criminal prosecution.
What determines jurisdiction in engineering cases?
Nature of the case, monetary value, and federal involvement.
Different courts handle cases based on these factors.
What is the Theory of Precedent?
Courts apply legal principles established in previous court decisions.
This provides predictability in the legal system.
What are the primary sources of law in Canada?
Decisions of the courts and statutes enacted by elected legislatures.
The judiciary and legislatures operate independently.
What are the two legal systems in Canada?
Civil Law System (Quebec) and Common Law System (Rest of Canada)
Each system has distinct characteristics and sources of law.
What is the role of judges in the Civil Law System?
Apply and interpret the Civil Code; no binding precedents.
Decisions establish binding rules but are not based on prior case law.
What is the definition of a plaintiff?
The party bringing the action or making the claim in a lawsuit.
In criminal matters, the case is brought by the Crown.
Fill in the blank: A _______ is a party that owes an amount to a creditor.
Debtor
This term is crucial in understanding financial disputes.
What does the Salomon Principle state?
A corporation is separate from its shareholder-owners and its liabilities are its own.
This principle is fundamental in corporate law.
Under what conditions is a partnership dissolved?
By the death, bankruptcy, or insolvency of one of its partners.
This is governed by The Partnership Act of Ontario.
What is the Salomon Principle?
A principle stating that a corporation has a separate legal identity from its shareholders, protecting them from personal liability for the corporation’s debts.
What causes a partnership to be dissolved according to The Partnership Act of Ontario?
The death, bankruptcy, or insolvency of one of its partners.
How does a corporation maintain its existence?
By complying with its governing statute(s) and not taking procedural steps to dissolve.
True or False: A shareholder is always liable for the corporation’s debts.
False.
