lec 1- Chapters 1-3: Canadian Business Law

Vocabulary practice flashcards covering fundamental concepts of the Canadian legal environment, court hierarchies, civil procedures, and administrative regulation from Chapters 1 through 3 of Contemporary Canadian Business Law.

Right

An action that an individual can perform with impunity, supported and enforced by the power of the state.

Privilege

An action permitted only under specific, regulated circumstances that may be limited or revoked by the state.

The Law

A body of rules of conduct laid down by a governing body to control actions within its jurisdiction, settling disputes, establishing conduct, and protecting individuals.

Social Engineering

The legislative practice of enacting laws to restrict individual rights and transfer power to a governing body, not necessarily in direct response to citizen demands.

Common Law

The body of law found in recorded judicial decisions, also referred to as case law.

Stare Decisis

A Latin phrase meaning 'to stand by a previous decision'; the legal doctrine requiring judges to follow prior rulings on similar facts from their own court, a court of equal rank, or a higher court.

Equity

A system of legal rules originally developed by the Crown to alleviate the rigidity and harshness of the common law by prioritizing fairness and justice; takes precedence over common law in cases of conflict.

Statute Law

Formal written laws enacted by the legislative branch of a governing body with constitutional authority.

Bill

A formal proposal for a new law presented to a legislative body, such as the House of Commons.

Motion

A formal proposal or procedural decision in a legislative assembly to introduce and read a bill for consideration.

Royal Assent

The final formal approval of a bill by the sovereign, represented by the Governor General or Lieutenant Governor, required for the bill to become law.

Proclamation

The official declaration of the specific date on which an enacted statute comes into force and becomes legally effective.

Aboriginal Law

The body of Canadian constitutional and legislative law created by courts and parliaments that governs Indigenous peoples and their legal relationship with the Crown.

Indigenous Law

The distinct internal legal traditions, customs, values, and practices developed and maintained by Indigenous nations, including First Nations, Inuit, and Métis peoples.

Civil Code

A comprehensive codified collection of written laws that systematically sets out the private legal rights and obligations of citizens in a jurisdiction.

Administrative Law

The body of public rules and principles governing the application of statutes and the exercise of authority by administrative tribunals, boards, and regulatory agencies.

Regulations

Detailed procedural rules and subordinate legal directives created by administrative bodies under the delegated authority of an enabling statute.

Administrative Tribunals

Specialized, quasi-judicial regulatory bodies established by statute to oversee particular industries, resolve specific disputes, or execute designated government functions.

Constitution

The foundational legal framework that establishes the organization of a state, defines government powers, and sets out the fundamental rights and freedoms of its citizens.

Substantive Law

The body of all substantive legal rules that define the actual legal rights, duties, liabilities, and obligations of individuals and entities.

Procedural Law

The established rules, methods, and formal legal processes that must be followed in court to enforce substantive rights.

Public Law

The branch of substantive law that regulates the relationship between individuals and the state or government entities.

Private Law

The branch of substantive law, also known as civil law, that governs the legal relationships and disputes between private individuals or corporate entities.

Jurisdiction

The legal scope of authority granted to a court or tribunal to hear, adjudicate, and decide a dispute based on geography, monetary limits, or subject matter.

Courts of Original Jurisdiction

Trial courts where a legal action is initially commenced, evidence is heard, and witnesses testify before a judge.

Courts of Appeal

Superior appellate courts that review trial court judgments to identify and correct errors in legal interpretation or procedural law without hearing direct witness testimony.

Actus Reus

The physical, objective wrongful act or unlawful conduct that constitutes the external element of a crime.

Mens Rea

The mental intent, knowledge, or state of mind required to establish criminal culpability for committing a prohibited act.

Pleadings

The formal written documents exchanged between litigants before trial that establish the material facts, claims, and defenses relied on in a civil action.

Statement of Claim

The formal pleading document filed and served by a plaintiff to commence a civil lawsuit, outlining the factual allegations and the specific remedy or damages requested.

Statement of Defence

The formal pleading document filed by a defendant in response to a Statement of Claim, disputing the plaintiff's factual claims and legal liability.

Counterclaim

An independent claim asserted by a defendant against the plaintiff within an existing civil proceeding.

Examination for Discovery

A formal pretrial proceeding where parties to a lawsuit question each other under oath regarding relevant facts, recorded in an official transcript.

Affidavit

A formal written statement of facts or a list of documentary evidence signed and sworn under oath before an authorized commissioner or notary.

Hearsay Evidence

Testimony given by a witness concerning out-of-court statements made by another person, offered to prove the truth of the matter stated; generally inadmissible in court.

Party-and-Party Costs

A partial recovery of litigation expenses awarded by the court to the winning party based on a fixed statutory schedule or court tariff.

Solicitor-and-Client Costs

A rare cost indemnity order where the court requires the unsuccessful litigant to pay the complete, actual legal fees and disbursements incurred by the winning party.

Contingency Fee

A fee agreement wherein a lawyer agrees to receive payment as a percentage of the financial recovery only if the lawsuit is successful.

Class Action

A legal proceeding in which a designated representative plaintiff prosecutes a claim on behalf of a certified group of individuals with common legal issues.

Arbitration

A binding alternative dispute resolution mechanism where conflicting parties submit their dispute to an impartial third party who evaluates the evidence and makes an enforceable decision.

Solicitor

A legal professional who drafts commercial agreements, manages property transfers, prepares wills, and conducts non-contentious legal work outside the courtroom.

Barrister

A legal professional whose primary practice involves representing clients as an advocate in contentious litigation, administrative hearings, and court trials.

Natural Justice

The standard of fundamental procedural fairness demanded of administrative decision-makers, guaranteeing adequate notice, unbiased decision-makers, and a fair opportunity to present a case.

Judicial Review

The process by which a superior court examines an administrative board's decision-making process to ensure jurisdiction was respected and natural justice was maintained.