Grade 12 Canadian Law Notes

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Chapter 2 Key Terms:

Primary Sources of Law: those parts of a legal system that have the longest historical development and represent the system’s cumulative values, beliefs, and principles.

Code: a systematic collection of laws, written down and organized into topics.

Custom: a long-established way of doing something that, over time, has acquired the force of law.

Convention: a way of doing something that has been accepted for so long that it amounts to an unwritten rule.

Secondary Sources of Law: current laws that enshrine a society’s values in written rules and regulations that have been formulated by legislators and judges.

Constitutional Law: in Canada, the body of written laws that set out how the country will be governed. This type of law sets out the distribution of powers between the federal government and the provinces and embodies certain important legal principles.

Judicial Independence: the principle that judges function independency of the government.

Parliamentary Supremacy: the principle that Parliament has to the supreme power of making Canadian laws.

Ulta vires: (Latin) beyond the power of.

Intra Vires: (Latin) within the power of.

Stare decisis: (Latin) to stand by the decision.

Substantive Law: a law that identifies the rights and duties of a person or level of government.

Procedural Law: a law that outlines the methods or procedures that must be followed in enforcing substantive laws.

Domestic Law: a law that governs activities within a particular country.

International Law: a law that has jurisdiction in more than one country.

Public Law: the area of law that regulates activities between a state and its citizens.

Administrative Law: the category of public law that governs relations between people on the one hand and government agencies, boards, and departments on the other.

Criminal Law: the category of public law that prohibits and punishes behaviour that injuries people, property, and society as a whole.

Private Law: the body of law that regulates disputes between individuals, businesses, or organizations; sometimes called civil law.

Plaintiff: in civil law, the party suing.

Defendant: in civil law, the party being sued; in criminal law, the person charged with an offence.

Family Law: the area of private law that governs relations among members of a family.

Contract Law: the area of private law that governs agreements between people or companies to purchase or provide goods or services.

Tort Law: the area of private law covering civil wrongs and damages that one person or company causes to another, when the wrongs or damages arise independently of a contractual relationship.

Estate Law: the area of private law that regulates wills and probates, and determines what happens to a person’s property after death.

Property Law: the area of private law that applies primarily to the buying, selling, and renting of land and buildings and the use to which lands may be put.

Legislation:

What is it? What is the intent of each piece of legislation?

Canadian Charter of Rights and Freedoms: It is a bill of rights entrenched in the Constitution of Canada. The Charter guarantees certain political rights to Canadian citizens and civil rights of everyone in Canada from the policies and actions of all areas and levels of government. It is designed to unify Canadians around a set of principles that embody those rights.

Charter of the United Nations: It is a foundational treaty of the international organization called the United Nations. As a charter, it is a constituent treaty, which means all members are bound to follow its articles. The purpose of this charter is to maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace.

Civil Code of Quebec: a general law that contains all of the...
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