identifying a case as being sufficiently different from previous cases as to

Identifying a case as being sufficiently different

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: identifying a case as being sufficiently different from previous cases as to warrant a different decision. Statute Law: Consists of laws that are passed by elected representatives in the form of acts; a law or act passed by the government. These acts become laws after going through a formal procedure in the Parliament or provincial legislature. Statutes; are common law decisions that have been codified. Jurisdiction: -The political or legal authority to pass and enforce laws, or the judicial authority to decide a case.
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-Each level of government; federal, provincial and municipal has the power to enact legislation in its own area of political jurisdiction. Federal Government: Enacts laws within its own jurisdiction which includes; criminal law, federal penitentiaries, employment insurance, banking and currency, marriage and divorce, and postal services. Everyone in Canada is subject to these laws. Matters that would be applied uniformly to every province Provincial Governments: Have authority to make laws within their provincial jurisdiction such as; laws affecting hospitals, police forces, property rights, highways and roads, and provincial jails Would act as a local nature and could vary from province to province Local Government: Municipal (local) governments makes laws called bylaws which are regulations that deal with local issues and are passed by municipal governments such as how high a backyard fence can go, or who should clear the snow from the sidewalk. Gives communities control and flexibility over local issues Constitutional Law: Body of law dealing with the distribution and exercise of government powers. Document that determines the structure of the federal government and divides law making powers between the federal and provincial governments. This law limits the powers of governments by setting out certain basic laws, principles and standards other laws must adhere to. If a law is found to be in violation of the Constitution it may be struck down on the grounds for being “unconstitutional” (ex: abortion). Categories of Law: 1. International Law 2. Domestic Law International Law: Law that governs relations between independent nations. Without any one global, law making authority, international law is generally created by custom; meaning consistent and general practice among states and the acceptance of this practise as law by the international community. Not only countries, many organizations have international legal status to help develop laws, adjudicate or act as a court to settle disputes. Major difference between international law and laws made within nations is enforcement.
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Domestic Law: Law that governs activity within a nation’s border; usually from a monarchy or constitution. Includes both case law and statute law. Substantive Law: Law that defines the rights, duties, and obligations of citizens and government. When you examine the definition of a charge you are examining substantive law, for ex; “careless driving”.
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