HOW IS POWER DIVIDED BETWEEN
What does intra vires mean?
Outside the jurisdiction
What is a preferred legislation (law) referred to as?
Within the jurisdiction of
What does ultra vires mean?
Separated into two sections: Section 91 is
What is the constitution?
o Provides a guideline that establishes how power and authority within a country is
o Assigns the limits of power
o It is the supreme law of the land, and needs to reflect the views
What was the Magna Carta?
Magna Carta guaranteed the rights of all citizens and Habeas Corpus.
RULE OF LAW: The fundamental principle that law applies equally to all
King John of England that he was better than the law
CATEGORIES OF LAW
International Law: includes that govern the conduct of independent nations in their
relationships with one another
Domestic (Canadian) Law: law that is made and enforced with a nations borders
Procedural Law: the process of law; outlines
How were laws made way back when?
Usually based on common sense and the local customs and beliefs
of the ancient civilizations.
Passed on to future generations verbally.
What was the Code of Hammurabi?
The most important/earliest records
WHAT IS THE STRUCTURE OF
Legislature: This branch creates laws, and is divided into two houses.
The House of Commons where representatives from 308 different areas
of Canada sit to discuss and create laws (Members of parliament). A
WHAT IS CANADIAN LAW BASED
FRANCE: law was codified and written down.
The laws of France and England (the countries that colonized
ENGLAND: was not codified or written down until late
What is Feudalism?
The lords we
WHAT ARE THE BRANCHES OF
Positive law is then branched out to common law and civil law.
Common law and civil law can be substantive or procedural. Domestic
Private (civil) law is branched out to contract, property, tort, famil
INTRO TO LAW
WHY DO WE NEED LAWS?
- Live in a community with many people
- Provides predictability and structure
- Laws against criminal conduct protect property and protect us from violence
- Disputes are settled in courts; not streets
- The Rule of Law
ACTS IN LAW
What was the British North America Act?
On July 1, 1867 British parliament passed our first constitution, creating
the domain of Canada with four provinces: Ontario, Quebec, New
Brunswick, and Nova Scotia.
Canada was still not fully indepe