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Law
a collection of rules created by the country or society. enforced by gov
Canada
is a common law country
statutes
Written laws made by legislatures
statutes are created by
fed gov, prov gov and muni gov
parliamentary process
Bill is drafted->First reading->Second reading→Committee stage->Report stage->Third reading->House of lords procedures->Royal assent.
to change constitution
fed gov and 7/10 provinces (50% of population) must agree
federal government deals with
the whole country
Fed gov enumerated powers
currency, banking, buoys, measurments
Prov gov enumerated powers
hospital, bars, fines, education, landlords
2 sources of law in canada
written law, case/common law
written law
made by gov
acts codes and by-law
case/common law
laws made by judges
in written court decision
bases on case decisions
Intra Vires
Within the power of government to pass laws
ultra vires
beyond the power of government to pass laws
municipal powers
prov gov delegates powers
safety zones, parking, garbage services
territorial powers
can be added or takes away by fed gov
Overlapping Jurisdiction
more than one court has jurisdiction over the same case (judge decides who has power)
common law
judges resolve common disputes in a common way py relying on precedents
case report
made by judges
description of facts
view of legal issues
the decision
stare decisis
let the decision stand
Heiarchy of Courts
supreme court
prov or terr court of appeal
trial courts
Supreme Court
decisions are binding to lower levels of court
prov and terr appeal courts
binding to jurisdictional trial courts
trial courts
only influential
becoming a judge
10 years lawyer
application to panel->Minister of Justice
recommendations to Prime Minister
Queens rep appoints
The youth criminal justice act
defines the consequences young people face for criminal offences
small claims courts
lawsuits, divorce
family courts
specialized courts dealing with issues relating to families, such as divorce and child custody, orders of protection, delinquency proceedings, and guardianship proceedings
judical independence
ability of judges to reach decisions without fear of political retribution
statutes and common law precedents
trying to find answers using other statutes
precedents
previous court decisions that may be influential or binding on an judge dealing with similar legal issues
Absolute Liability
a criminal offence in which intent is assumed to be present and need not be proven
Strict Liability
liability without fault
Due Diligence Defense
A defence to an action that, if proven, makes the defendant not liable.
the three categories of justice
the criminal justice system
the civil justice system
administrative justice system
criminal justice
statute violation
lawyers represent parties
they are not parties
police need
reasonable and probable grounds
prosecutor
represents the Crown
judge/jury
impartial decision makers
criminal law jury
12 people
jury makes decision
decision must be unanimous
if no decision, accused is acquitted
do not decide sentence
criminal law judge
directs jury on the law
makes sentence
criminal law onus
the Crown
the defence counsel
lawyer representing the accused
criminal standard of evidence
beyond a reasonable doubt
criminal law disclosure
prosecutor must show accused ALL evidence
criminal law plea
after disclosure, accused can decide to plead guilty or not guilty
reasons for lawsuit (civil justice)
breech of contract
negligence
custody of children
statement of claim
document used to start a lawsuit
statement of defence
document responding to statement of claim
civil law disclosure
evidence is shown both ways
counter claim
A second lawsuit by the defendant against the plaintiff
civil law jury
6 people
majority rules
civil apportion liability
defendant and plaintiff can both be partially liable
civil law limitation period
lawsuit must be filed within a period of time
administrative justice system
handled by other government agencies and administrators
administrative duty of fairness
right to know the case against them
right to respond
right to have impartial decision maker
onus
the responsibility of proving something
civil justice system
handling private matters (lawsuits). must have cause of action
cause of action
legit reason for lawsuit
civil law standard of proof
Balance of probabilities
Balance of probabilities
plaintiffs claim is more likely than not
Rules of Natural Justice
administrative duty of fairness
torts
legal non contract justifications for suing someone
Vicarious Liability
Legal responsibility placed on one person for the acts of another.
legislative rights
rights given under legislation, if breached, allow people to sue
unintentional tort
negligence and malpractice
Negligence
someone is injured because someone was careless
Contributory Negligence
plaintiff contributed to own injuries by lack of care
intentional tort
assault and battery, trespass, false arrest/imprisonment, defamation, invasion of privacy, nuisance,
assault and battery
assault includes a threat or attempt to injure, and battery includes the unlawful touching of another person without consent
trespass
entry to another's property without right or permission
False Arrest/Imprisonment
stopping someone from going where they want to go without a legitimate reason
Defamation
publishing a comment that could damage someones reputation
invasion of privacy
revealing personal information about an individual without his or her consent
nuisance
a person, thing, or circumstance causing inconvenience or annoyance (excessive noise)
Strict Liability
liability without fault
contracts
binding legal agreements
property issues
real estate, personal, intellectual
family law
Laws that govern marriage, common-law partnerships, and child custody.
child welfare
acting for best interest of child
administrative law is made by
gov officers, boards, agencies and tribunals
administrative law deals with
social assistance, immigration, release from prison, ministry of transportation
administrative law does not have to follow
precedents
courts will only get involved when administrative decision makers
make up powers, or do not make a decision
procedural fairness
right to be heard and right to impartial decision maker
human rights tribunal
cannot be discriminated against
Parole board decides
if an inmate can be released early
how long do inmates have to wait until they can apply for parole?
at least 1/3 of their sentence is served
parole board grants parole after evaluating
the risk for releasing them into the community
release contributes to protection of society
recidivism scale
points an inmate gets based on their crime, the likelihood they will offed again
the parole board will consider
criminal history, judges reason for sentence, victim impact statements, correctional facility file, recidivism scale
parole board hearing consists of _____ people
2 or 3
court of appeal does not hear______.
new evidence (no witnesses)
court of appeal only hears from _______.
lawyers
criminal law offence is an offence against
society
anyone can report a crime to
police, justice of peace or judge
criminal law, someone can only be accused if
police find reasonable and probable grounds
Canada has a ____ court.
open
police are the ____ _________.
peace keepers
Note 
Flashcard (46)