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law
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A rule made by a body of elected representatives or their delegates or by a court (rarely) using procedures that are also prescribed by law Must be read three times in open assembly Must be debated
Must be passed at the second and third reading by a majority of elected representatives present Then gets passed to the governor general
Must be passed at the second and third reading by a majority of elected representatives present Then gets passed to the governor general
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delegate
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A body or person entrusted to act in another's place
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rule of law
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The principle that governments, individuals, and corporations must follow the law
Governments may take action to limit citizens access to certain rights only in accordance with substantive and procedural requirements prescribed by the law.
Governments may take action to limit citizens access to certain rights only in accordance with substantive and procedural requirements prescribed by the law.
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Constiution
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Body of binding fundamental rules that govern the exercise of power by the government Establishes the basic institutions of government
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Canadian constitution and limits on law making
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Constitution of Canada is the supreme law of the land
An invalid law is deemed as "unconstitutional" and thus no one is required to follow it
An invalid law is deemed as "unconstitutional" and thus no one is required to follow it
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Three basic branches of government
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executive
legislative
judicial
legislative
judicial
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Legislative Branch
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Makes laws
federal parliament or provincial legislatures
federal parliament or provincial legislatures
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Judicial Branch
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Interprets the laws
the courts
supreme court of Canada
the courts
supreme court of Canada
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three levels of government
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federal
provincial
municipal
provincial
municipal
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federal
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criminal law
national defense and concern
national defense and concern
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provincial
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employment
regulation of roads and water treatment plants
regulation of roads and water treatment plants
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legislature
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A group of people who have the power to make laws
place by-statutes
place by-statutes
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statute
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a written law passed by a legislative body
also called an act
passed by parliament
also called an act
passed by parliament
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by-law
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a law enacted by a municipal council that applies to that municipality
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cabinet
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committee of members of parliament or the provincial legislatures
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parliament
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pass federal laws
elected representatives
elected representatives
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legislature
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make provincial laws
make up the legislative branch
make up the legislative branch
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legislative assembly
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basically the same thing as legislature but provincial
provincial parliament
provincial parliament
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common law
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law made by courts
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statute law
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legislation made by elected representatives
statutes
regulations
municipal by-law
May be passed to replace a common law doctrine that the legislature believes has outlived its usefulness
May be passed to make it an offence to do something that is considered wrong
statutes
regulations
municipal by-law
May be passed to replace a common law doctrine that the legislature believes has outlived its usefulness
May be passed to make it an offence to do something that is considered wrong
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Tort
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a wrongful act or an infringement of a right (other than under contract) leading to civil legal liability.
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precedent
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an earlier event or action that is regarded as an example or guide to be considered in subsequent similar circumstances.
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public law
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law dealing with the relationship between government and individuals
Deals with structure and operation of government
Governs relationship between individuals and the government Also deals with relationship between private organizations and the government
Basically anything to do with the government
Deals with structure and operation of government
Governs relationship between individuals and the government Also deals with relationship between private organizations and the government
Basically anything to do with the government
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private law
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law that involves suits between private individuals or groups
Regulates how individuals or corporations are required to treat each other Includes torts, contract law, property law, and family law
All persons other than the government
Regulates how individuals or corporations are required to treat each other Includes torts, contract law, property law, and family law
All persons other than the government
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administrative law
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The body of law created by administrative agencies (in the form of rules, regulations, orders, and decisions) in order to carry out their duties and responsibilities.
regulates the executive branch
regulates the executive branch
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subordinate legislation
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law created by administrative agencies whose authority is granted by statute in order to carry out the purposes of the legislation
laws created by a body other than parliament
laws created by a body other than parliament
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substantive law
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Law that defines, describes, regulates, and creates legal rights and obligations.
focuses on the substance of a problem or legal issue that the law is designed to solve or address The provisions of the criminal code setting out the elements of theft
focuses on the substance of a problem or legal issue that the law is designed to solve or address The provisions of the criminal code setting out the elements of theft
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procedural law
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Law that establishes the methods of enforcing the rights established by substantive law.
Sets out procedures for implementing substantive law
Prescribes methods of administration application or enforcement of a law
Sets out procedures for implementing substantive law
Prescribes methods of administration application or enforcement of a law
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Agencies, Boards, and Commissions (ABCs)
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perform a wide variety of functions
give advice
Set standards, regulate businesses and professions, coordinate activities of government departments and provide goods and services
Independent from the government
give advice
Set standards, regulate businesses and professions, coordinate activities of government departments and provide goods and services
Independent from the government
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administrative tribunal
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government body that functions like a court and makes decisions regarding administrative matters
Follow procedures similar to those of courts in making decisions through administrative tribunals or otherwise known as tribunals
Follow a court-like process
Viewed as part of the executive branch but also perform similar functions to the judicial branch
Follow procedures similar to those of courts in making decisions through administrative tribunals or otherwise known as tribunals
Follow a court-like process
Viewed as part of the executive branch but also perform similar functions to the judicial branch
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adjudication
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the process of determining whether the defendant is guilty
process of receiving and considering the evidence and arguments presented by both sides in a dispute and making a binding decision by applying relevant laws to evidence that is relevant to the issues in the case
process of receiving and considering the evidence and arguments presented by both sides in a dispute and making a binding decision by applying relevant laws to evidence that is relevant to the issues in the case
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Alternative Dispute Resolution
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a process by which two parties resolve conflicts through the use of a specially trained, neutral third party
Decision-maker interacts with the parties in ways that might differ to traditional techniques used by a adjudicator
Decision-maker interacts with the parties in ways that might differ to traditional techniques used by a adjudicator
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