midterm exam

The State

Entities that can legitimately exercise coercive or authoritative powers.

Division of powers

The allocation of authority among federal, provincial, and municipal governments.

Separation of powers

The division of government responsibilities into distinct branches: legislative, executive, and judicial.

What is Law?

A set of rules governing relationships among individuals and organizations, enforceable by a judicial process.

Liberty

The state of being free from restrictions, with individuals presumed to have the freedom to act unless prohibited by law.

The individual

A person regarded separately from a group.

Public Law

Law involving government as one party in legal actions. (constitutional law, criminal law, administrative law)

Private Law

Law governing disputes between individuals or organizations without government involvement. (contract law, tort law, corporate law, estate law, property law)

Cy-Pres Doctrine

A legal doctrine allowing modification of a will to eliminate discriminatory provisions while preserving intent.

Hierarchy of authority

The ranked structure of laws beginning with the Constitution, followed by statutes, and then regulations.

Act

A law passed by a legislative body.

Regulations

Rules made by government agencies under the authority of statutes.

Case Law

Law established by the outcomes of previous court cases.

Constitutional supremacy

The principle that the Constitution is the highest law of the land.

Lieutenant Governor in council

The provincial cabinet/government, which exercises executive powers.

Ultra vires

A Latin term meaning outside the scope of authority.

Roncarelli v. Duplessis

A landmark case affirming the rule of law and limiting executive power.

Maurice Duplessis

Premier of Quebec known for authoritarian governance.

Alcoholic Liquor Act

Legislation that governed the sale of alcohol in Quebec.

Ratio Decidendi

The legal principle or reasoning in a court's decision.

Judicial Independence

The concept that judges should operate free from political pressure and influence.

Separation of powers

A constitutional principle dividing government authority among branches to prevent abuse of power.

Judicial Review

The power of courts to assess whether a law is in compliance with the Constitution.

Legal Test

Criteria established to determine lawful conduct or decisions.

Judiciary

The judicial system of a country comprising judges and courts.

Appellate Courts

Courts that review decisions made by lower courts.

Trial Courts

Courts where cases are initially tried and facts are established.

Constitution

A fundamental set of principles governing a state.

Legislative Branch

The part of government responsible for making laws.

Executive Branch

The part of government responsible for enforcing laws.

Judicial Branch

The branch of government that interprets laws and administers justice.

Legislative Authority

The authority to enact laws.

Criminal Law

A system of law concerned with punishment of those who commit crimes.

Civil Law

The system of law concerned with private disputes between individuals.

Administrative Law

Body of law that regulates government agencies' activities.

Constitutional Law

Law governing the interpretation of the constitution.

Canadian Charter of Rights and Freedoms

Part of the Constitution guaranteeing fundamental freedoms and rights.

Judicial Activism

Judicial rulings suspected of being based on personal or political considerations.

Constitutional Framework

The structure and foundational principles governing a political entity.

Adversarial System

A legal system where two advocates represent their parties' positions in court.

Quasi-judicial Bodies

Agencies or authorities that make decisions similar to those of the judiciary.

Legitimate Expectations

The reasonable expectations individuals may have regarding the law and its application.

Judicial Independence

The concept that the judiciary should be independent from the other branches of government.

Impunity

Exemption from punishment or freedom from the injurious consequences of an action.