What are the 3 purposes of a legal system? - Answers✔1.protects persons, and property
2.allows government to pass laws for the benefit of society as a whole
3.provides us with greater freedom of choice
Substantive Law - Answers✔defines rights and duties of people living in society; laws that we
are required to follow
What does substantive law include... - Answers✔criminal law, constitutional law, torts, wills and
estate laws
Procedural Law - Answers✔body of rules by which one enforces his, her or its substantive law
rights
Public Law - Answers✔deals with legal matters between one government and other. OR. matter
between the government on one side and individuals or organization on the other
Private Law - Answers✔parties go to civil court
Civil Court - Answers✔matters concerning civil and property rights pursuant to the powers
granted to the province under section 92
Style of Cause - Answers✔the name of the case, as in "R. v. Morgentaler"
What are the 3 main legal systems of the world - Answers✔Islamic law, civil law, and common
law
Laissez-faire approach - Answers✔intent being to have the law provide directional guidance but
not fetter free spirit
Precedent - Answers✔judge made law, previous decisions
Civil law countries rely on... - Answers✔codified laws
Common law system - Answers✔system of law based on tradition, precedent, and custom
ALL RIGHTS RESERVED.
Rule of Law - Answers✔principle that the law applies to everyone, even those who govern. no
one is above the law
stare decisis - Answers✔let the decision stand
court of first instance - Answers✔court which a case is introduced and nothing has been
determined yet.
Declaratory Judgment - Answers✔when the matter comes before the court all 9 justices will sit
and render
Property and Civil Rights - Answers✔provincial powers; pass laws concerning that are not
criminal matters
Emergency Powers - Answers✔powers granted by federal government, in section 91 of the
constitution; emergency laws to be passed
What did the constitution act of 1791 do? - Answers✔Split Quebec into upper and lower Canada
When was the BNA act? - Answers✔1867
quasi-constitutional laws - Answers✔These are provincial and federal human rights designed to
protected Canadians from discrimination
7/50 Formula - Answers✔Allows amendments in relation to the powers of the Senate and Tahoe
method of selecting Senators & extension of existing Provinces
The Law of Business administration in Canada itemizes 2 sections... - Answers✔1. The
Canadian Charter of Rights and Freedoms
2. In the Constitution; Section 33
Charter of Rights and Freedoms - Answers✔Federal law enacted in 1982 that guarantees
fundamental freedoms to all Canadians.
Constitution; Section 33 - Answers✔Allows the providence's to override a provision of the
Constitution, with respect to matters within authority
sunset provision - Answers✔a condition of a law that requires it to be reauthorized after a certain
number of years
Gag Law - Answers✔statutory law curtailing a persons, or groups freedom of speech
how many provisions limit freedom of speech in the criminal Code - Answers✔4
judge-made law - Answers✔Decisions of judges in both courts of first instance; courts of appeal
may=de up the body of law called PRECEDENT
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