Topic 2 Flashcards

Mastery (6 cards)

1
Q

Primary sources:
i) legislation/statute law - … of and bases. Authoritative. Static
ii) case law/judicial decisions - builds on top of that … Builds on top of it in a … manner. Open to …

  • Other sources:
    iii) custom
    iv) books of authority
A

Primary sources:
i) legislation/statute law - foundation of and bases. Authoratative. Static
ii) case law/judicial decisions - builds on top of that foundation. Builds on top of it in a fluid manner. Open to circumstance

  • Other sources:
    iii) custom
    iv) books of authority
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q
  • Executive: …
  • Legislature: …
  • Judiciary: …
    can throw it out if it is not consistent
A
  • Legislature: create and change law
  • Executive: executes laws/policies
  • Judiciary: implements law and GIVES OUT justice. OVERSEES
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q
  • Statute(Statutoury) law: law created by a …
  • In Canada, this is the … form of law rooted in the … notion of parliamentary supremacy
  • In Canada, involves … and the … and … legislatures
A
  • Statute law: law created by a legislature
  • In Canada, this is the dominant form of law rooted in the British notion of parliamentary supremacy
  • In Canada, involves Parliament and the provincial and territorial legislatures
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

The Legislative Process - EXAMMM Both House of Commons an Senate … TIMES

  • A highly … process involving compromises and ‘…’
    -In some cases, results in ‘legislative …’

bi cameral - … important because…

  • … play a large role in creating legislation
  • In Canada, federal bills are introduced for … readings then a review by the Senate
  • Readings followed by …
A

The Legislative Process - Both House of Commons an Senate 3 TIMES

  • A highly political process involving compromises and ‘horse trading’
    -In some cases, results in ‘legislative violence’

bi cameral - House of Commons and the Senate. IMPORTANT BECAUSE goes thru more things, slows it down tho. Intentionally difficult to change

  • Committees play a large role in creating legislation
  • In Canada, federal bills are introduced for 3 readings then a review by the Senate
  • Readings followed by Royal Assent
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q
  • Case law: law established by …
  • Involves …
  • Case law results in a more … legal system
  • … are published/reported in a variety of …

EXAMM what does R stand for on legal citations.

Subsidiary Sources of
Canadian Law
* Custom: a source of law derived from …
-I.e., Incorporation of … legal practices
-I.e., Indigenous law employs a variety of … laws

  • Books of authority: authoritative texts on … by …
A
  • Case law: law established by judicial decisions
  • Involves judicial precedents
  • Case law results in a more dynamic legal system
  • Judicial decisions are published/reported in a variety of REPORTS

what does R stand for on legal citations? REX, REGINA, CROWN

Subsidiary Sources of
Canadian Law
* Custom: a source of law derived from customary practice
-I.e., Incorporation of British customary legal practices
-I.e., Indigenous law employs a variety of customary laws

  • Books of authority: authoritative texts on legal principles by scholars
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Case Study: Drug Law in Canada
* 1908 An Act to prohibit the importation, … and … of opium for other than … purposes
RACIALLY MOTIVATED
illegal to possess not to use

AMENDMENT is a change to an existing law

  • 1911 Opium and Drug Act
    -Changes influenced by a …
  • 1961 Narcotic Control Act
  • 1997 Controlled Drug and Substances Act
  • 2012 Safe Streets and Communities Act
  • 2017 Cannabis Act
A

Case Study: Drug Law in Canada
* 1908 An Act to prohibit the importation, manufacture and sale of opium for other than medical purposes

  • 1911 Opium and Drug Act
    -Changes influenced by a book of authority
  • 1961 Narcotic Control Act
  • 1997 Controlled Drug and Substances Act
  • 2012 Safe Streets and Communities Act
  • 2017 Cannabis Act
How well did you know this?
1
Not at all
2
3
4
5
Perfectly