Law and Ethics Midterm

What is Canada’s legal system? What does it mean to be under this system?

A federalist system meaning power is distributed between different levels of government. The three branches are:
- Legislative branch (makes laws) aka Parliament of Canada so House of Commons and Senate
- Executive branch (implements laws) aka the Prime Minister and their Cabinet
- Judicial branch (interprets laws) aka Supreme Court of Canada

Where does Canada derive its legal system from?

The UK. Quebec is the exception, it derives its legal system from France.

Canada’s court procedure is adversarial. What does this mean?

Two opposing sides argue their case with it being a case of the crown (aka prosecution) vs defense.

The judge acts a neutral referee and the judge/jury decide based on the arguments and evidence presented.

What is the British North American Act? What is it also known as?

It is an act from UK parliament that established Canada under its own control. It also established the basic constitutional structure that leads to the branches in Canada. It’s also known as the Constitution Act of 1867.

What is the difference between public law and private law?

Public law: laws about the government and its relationship with people (e.g., criminal law, constitutional law).
Private law: laws between individuals or organizations (e.g., contracts, property, family law).

What is the difference between common law, civil law and equity law?

Common law: Based on judge-made decisions (precedent); principles are not fully written in legislation, but legislatures can pass statutes (acts) that change or override the common law.

Civil law: Based mainly on comprehensive written codes that set out the rules in legislation, with less reliance on precedent.

Equity law: Fairness-based rules developed by courts to supplement common law; it acts as a “shield, not a sword” (used as a defence, not to create a cause of action).

There are a wide variety of potential legal outcomes. Give 4 good examples.

• A person being required to pay money to another person as compensation

• A person being required to pay a fine or go to jail

• A person being compelled to take some action (i.e. do something).

• A person being prohibited from taking an action (i.e. not do something)