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3135 Fall 2009 midterm study guide

3135 Fall 2009 midterm study guide - Viscount Haldane...

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A. Be prepared to provide brief definitions of each term (approximately 2-3 sentences for each) Judicial positivism Natural law Judicial realism Speluncean Explorers Public law Private law torts Common law system civil law system primary and subordinate legislation legal persons open courts ratio decidendi Crown prerogative Rules of Reception Parliamentary Supremacy Imperial Statutes Colonial Laws validity Act Statute of Westminster Judicial Committee of the Privy Council pure provincial courts purely federal courts unitary state Judicial Independence summary conviction offense indictable offense per curiam Canadian Judicial Council Canada Act, 1982 Constitution Act, 1867 reservation and disallowance POGG Trade and Commerce declaratory power Property and civil rights concurrent powers Plain meaning rule golden rule mischief and remedy Mens rea Stare decisis Per incuriam impugn ultra vires intra vires cubby-hole doctrine residual clause dual aspect Lord Watson National dimensions test
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Unformatted text preview: Viscount Haldane Emergency doctrine Stare decisis obiter dictum pith and substance colourable severance reading down Balfour Declaration B. Be prepared to identify which level of government is responsible for which legislative subject matter. In other words, know the division of powers in detail so if asked you can identify which level of government regulates, for example, marriage and divorce. C. Be prepared to write in some detail on the causes of Canadian federalism, the compromises necessary to create this federation, and its distinctive features that had led some analysts to doubt that Canada had started out as a genuine federal state. D. Know the following case law in enough detail so that you can draw fruitful comparisons and contrasts among them: Russell v. Queen, Local Prohibition, Re Board of Commerce Act, Toronto Electric Commission v. Snider, Employment and Social Insurance Reference case, AG Ont. v. Can Temperance Federation....
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