Intro to Canadian Law unit 1

Intravires

Refers to actions within the power of the government to pass laws.

Ultravires

Refers to actions outside the government's power to pass laws.

Rule of Law

Principle that ensures the same laws apply to everyone equally.

Laws

Rules made by the government to control behavior, enforced by courts, and result in punishment for violations.

Precedent

Applying a previous decision to a similar case.

Stare Decisis

Applying a previous decision to a case with similar circumstances.

Substantive Law

Includes public and private law, regulating relationships and compensating for injuries.

Procedural Law

Defines the steps to follow in legal actions.

Justice

Involves fairness, moral rightness, equality, equity, and punishment for wrongs.

Jurisprudence

Study and philosophy of law.

Positivist

Belief that law is derived only from government-made rules.

Naturalist

Belief that law is influenced by morality, human reason, and circumstances.

Three Branches of Law

Constitutional, Statute, and Common Law.

Administrative Law

Governs the relationship between people and government entities.

Bylaws

Local laws passed by municipal governments.

Civil Law

Governs relationships between individuals, organizations, and individuals and organizations.

Criminal Law

Identifies crimes and their punishments.

Tort Law

Holds individuals or organizations responsible for damages caused to others.

Constitutional Law

Deals with the distribution and exercise of government powers.

English Common Law

Originates from judges' decisions in previous cases.

Adverbial System

The judicial process whereby evidence is presented by two opposing parties to an impartial judge or jury

Divine Right

The concept that monarchs and their successor derived power to rule from god and were accountable only to god

Assizes

Travelling courts

Case law

A method of deciding cases based on recorded decisions of similar cases

Circuit judges

Judges of travelling courts

Common law

Law that developed in English courts, relies on case law, and is common to all people

Rule of precedent

Applying a previous decision to a case that has similar circumstances

Stare decisis

A Latin phrase meaning “to stand by the decision”

Canadian charter of rights and freedom

A section of the constitution act, 1982, that sets out constitutional protected rights and freedoms

Code of Hammurabi

One of the earliest-known sets of recorded laws, written by King Hammurabi of Babylon

Codified

Arranged and recorded systematically

Manga Carta

A charter of political and civil rights signed in 1215 at Runnymede in England

Habeas corpus

a court order designed to prevent unlawful arrest by ensuring that anyone detained is charged before a court within a reasonable amount of time

The Great binding law

The constitution of the Iroquois confederacy

Quebec civil code

The system of law used in Quebec for resolving private matters

Justinian Code

The clarification and organization of Roman law commissioned by Justinian I

Napoleonic Code

The civil law of France completed in 1804

Retribution

Justice based on vengeance and punishment

Restitution

Payment made by the offender to the victim of a crime

Mosaic law

Laws given to Moses to guide the Hebrew people, and recorded in the Bible

Ten commandments

The ten laws at the beginning of Mosaic law

Trial by ordeal

Requiring a person to undergo torture to determine guilt or innocence

Trial by oath helping

Requiring friends of the accused to swear on the Bible that eh or she is innocent

Trial by combat

Determining guilt or innocence by having the parties fight a duel

Amending Formula

procedure for changing the constitution

executive branch

the administrative branch of government responsibkle for carrying out the governments plans and policies

legislative branch

the branch of government that has the power to make, change, and repel laws

judiciary

the branch of government responsible for presiding over Canada’s court system

bill

proposed legislation

government or public bill

legislation proposed by a cabinet minister

private members bill

legislation proposed by an MP who is not in the cabinet

civil liberties

basic individual rights protected by law, such as freedom of speech

federal system

a two level system of government

intra vires

within the power of the government to pass lawsu

ultra vines

within the power of government to pass laws

residual powers

federal responsibility to make laws in legislate areas not assigned to the provinces

statute of westminster

legislation passed in Britain that extended Canada’s law-making powers

unitary system

a one level system of government

patriate

to bring legislative power under the authority of the country to which it applies

principle of equalization

section 36 of the Constitution Act 1982, which provides for equal access to essential services for all Canadians.