Chapter 6 – Law and the Judicial System Summary Notes Download
Chapter 6 - Quiz view
Terms | Definitions |
|---|---|
 Define law. | expressed as the will of society governing relationships among members of that society. |
| What are the TWO (2) most basic categories of law? | substantive and procedural law |
| Distinguish between substantive law and procedural law. | substantive law consists of the rights and duties that each person has in society (e.g. right to property, vote) whereas procedural law is concerned with the methods of protecting and enforcing those rights and duties. (e.g. decides that one party has defaulted on a contract) |
| Into what TWO (2) fields are substantive rules divided? | public and private law |
| Where does common law apply? | It applies in all Canadian provinces except Quebec. |
| What is another name for civil law? | codified law. |
| How did common law originate? | It originated in England and was influenced by Canon (church) law and Roman law. |
| What are the main features of common law? | It is based on precedent in which case law is used. |
| Define precedent and give examples. | A precedent is a legal decision serving as an authoritative rule in future similar cases. |
| Define case law and give examples. | case law is when a court looks at prior cases with similar facts and is then bound to follow the decisions made in those cases by courts of equal or higher authority. I.e. divorce settlements, automobile accident settlement. |
| Define judge-made law and give examples. | Judge made law occurs when there is no precedent to follow and hence a precedent is set. i.e. setting the first automobile speed limits |
| How did the Civil Code of Quebec originate? | It has its origins from the Code Napolean and customs of France. |
| What is the main difference between common law and the Civil Code of Quebec? | the main difference is in how laws are applied. Common law uses precedents whereas the Civil Code applies provisions from an article. |
| Define a statute and give examples. | a statute is a written law that overrides all common law dealing with the same point. It cannot override a rule within the Civil Code. i.e. statute prohibiting using a cell phone while driving. |
| What effect do statutes have on common law? On the Civil Code of Quebec? | statutes overrides all common law dealing with the same point. It cannot override a rule within the Civil code. |
| What determines whether a legal case is tried in a provincial or a federal court? | The constitution act 1867 determines the jurisdiction of the case to be tried in federal or provincial court. |
| What are the main components of the provincial court system in common law provinces? | Superior courts- federal judges County courts - federal judges Provincial courts - provincial judges |
| What are the main components of the provincial court system in Quebec? | Quebec court of appeal - federal judges Superior court - federal judges Court of Quebec - provincial judges |
| What are the main components of the federal court system? | Supreme court of Canada - final court of appeal, constitutional matters Federal Court of Canada - handles matters that fall under federal jurisdiction |
| What TWO (2) things make the Supreme Court different from any other court in Canada? | consists of 9 justices and permission must be obtained from the Supreme court to hear a case. |
| How many judges sit on the Supreme Court of Canada? | 9. Chief Justice of the supreme court and 8 Puisine justices. |
More terms for this chapter
Terms | Definitions |
|---|---|
| What are the 2 basic categories of law? | substantive and procedural |
| Define Private Law. | is the law as it applies to individuals and/or legal entities. |
| What are the 3 main purpose of Statutes? | #1 to provide for government regulation and control of activities of the citizen where such control is best for public interest #2 to change law when it no longer serves the community adequately #3 codify and clarify existing law and bring together in one document |
| Do Statutes override the Civil Code in Quebec? | No - Statutes cannot override the Civil Code but it does help amplify and interpret the rules of the Civil Code |
| Which level of government is responsible for the Insurance Act? | Provincial |
| Define Precedent. | is a legal decision serving as an authoritative rule in future similar cases |
| True or False? Provincial laws are not uniform across the country. | True |
| True or False? The Court of Quebec hears civil matters where the sum claimed is of less than $20,000.00. | False. The Court of Quebec hears matters that are less than $15,000.00 |
| Define Tort. | is a civil wrong other than a breach of contract, for which the court will provide a remedy in the form of an action for damages |
| The Federal Court System is composed mainly of: | The Supreme Court of Canada and the Federal Court of Canada. |
| Insurance is most concerned with what type of law? | Civil law/Private law. |
| Name 3 categories of law that Public Law is divided into? | Constitutional Law, Criminal Law, Administrative Law |
| Define Codified law | i statute law that is classified and arranged in a systematic collection or code. It is written law. |
| True or False? When no previous case can be found, a judge will make a decision based on available facts and a precedent will be set? | True. |
| Which court is the final court of appeal? | Supreme Court of Canada. |
| Define Common Law. | is unwritten law that is based on the rule of precedent. |
| What is Substantive Law? | the rights and duties that each person has in society. |
| What is Procedural Law? | is concerned with the methods or means of protecting and enforcing rights and duties of a person in society. |
| What year was The Constitution Act created? | 1867 |
| True or False? Canada has 3 systems of law? | False. 2. Common Law and the Civil Code of Quebec. |