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intro to law test 2
| Question | Answer |
|---|---|
| what are the primary sources of law | common law (developed in courts, often required to interpret and apply statute law) and statute law (federal: developed by federal parliament, provincial: developed by provincial legislation) |
| what are the different levels of government (with examples) | Federal: criminal code Provincial: highway traffic act municipal: bylaw (i.e. Belleville bylaw to regulate noise) |
| list three types of bills | public bills, private bills, private members' bills |
| what are the 5 parts of a statute | long title and chapter number, preamble, introductory sections, body of the act, housekeeping suggestions |
| what is the difference between primary and subordinate legislation? | primary legislation is a statute, subordinate legislation is a regulation (a law made by a body subordinate to parliament) |
| why are regulations required | they would be too long to add to a statute with the amount of amendments that may be made, they could not have adequately addressed all technical issues involved or kept things up to date |
| what are the 3 rules of construction | plain meaning rule (if the words of the statute are clear, that is how they are to be enforced), golden rule (words of the statute are to be given their clear meaning unless it results in absurdity, then it is examined) |
| mischief rule | mischief rule (rule is restricted in use to statutes that change the common law rather than codify) |
| what is contained in law reports? (5 WORDS ONLY) | published reports of decided cases |
| What are 2 misc. sources of law? | morality, practice and usage |
| if a common law requires you to do something and a statute says otherwise what do you do? | Follow the statute - statute law is paramount |
| judgment and order | a command from the court that must be followed |
| law reports | case reporting books containing judges' reasons for decisions/ judgment |
| primary legislation | statutes |
| subordinate legislation | regulations |
| describe the function of constitutional law in canada | to describe the rules of which we are to follow. regulates the functioning of the state |
| adjudicate | the process of hearing and deciding cases |
| adversarial system | trial process in the common law system where the parties attempt to present there case in the best light possible and to defeat the case of the opposing party |
| what is the difference between public and private law? | public law regulates the interaction between citizens & government, usually involves sanctions - private law regulates the conduct of individuals between themselves over private matters - focused on facilitating rather than punishing |
| tort law | a civil wrong between one party to the other (harm resulting from carelessness |
| contract law | enforcement of promises (loan agreement) |
| family law | divorce, custody, support, property |
| property law | rules of establishing what is capable of ownership (personal property or land) |
| estates, wills, trusts | often deals with distribution of property when someone dies |
| real estate law | transferring and dealing with interests in land and land-use planning |
| corporate/ commercial law | law governing commercial operation |
| patents & intellectual property | concerned with the law surrounding the protection and marketing of ideas |
| agency | relations of principals and agents among themselves and between themselves and others |
| procedural vs substantive law | procedural is the process of the law, substantive is about the content of rules |
| what are the 4 principle substantive area of public law pt1 | criminal law (private dimension in terms of injuries done to victims, almost always seen in terms of its public dimension) constitutional law (concerned about rules by which the state operates) |
| what are the 4 principle substantive area of public law pt2 | administrative (regulates the operation & procedures of government agencies, can be both federal and provincial levels) taxation law: financial burden laid upon individuals/ property to support the government |
Created by:
Kelseym98
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