Categories of Law
This branch of law deals with relationships between individuals, corporations, and private organizations (including contracts, property, and torts).
What is private law?
Also known as case law or judge-made law, this source of law is based on written decisions made by judges in previous court cases.
What is common law (or precedent)?
This is the highest court in Canada, serving as the final court of appeal for all Canadian legal issues.
What is the Supreme Court of Canada?
This branch of government is constitutionally responsible for debating, drafting, amending, and passing laws.
What is the legislative branch?
The process by which judges analyze, clarify, and apply the language of statutes and constitutional provisions to real cases.
What is judicial interpretation?
This branch of law regulates the relationship between individuals and the state, encompassing criminal, constitutional, and administrative law.
What is public law?
These are formal laws written and enacted by Parliament or provincial legislatures (statutes/acts).
What is statute law?
In a criminal trial, this party represents the Crown/state and bears the burden of proving the accused's guilt.
What is the prosecution?
Consisting of the Monarch, Prime Minister, and Cabinet, this branch of government administers and enforces laws.
What is the executive branch?
Famous Constitutional doctrine holding that the Canadian Constitution is an organic, growing document that must be interpreted flexibly in light of changing societal standards.
What is the "Living Tree" doctrine?
This division of law defines the legal rights, duties, and obligations of citizens and government.
What is substantive law?
Enacted in 1867 (originally the British North America Act), this foundational statute created the Dominion of Canada and divided legislative powers.
What is the BNA Act (Constitution Act, 1867)?
In a civil case, this is the individual or organization that initiates the lawsuit against another party.
What is the plaintiff?
Under sections 91 and 92 of the BNA Act, any legislative powers not explicitly assigned to the provinces fall under federal jurisdiction as these types of powers.
What are residual powers?
Under judicial interpretation of the Charter of Rights and Freedoms, courts balance individual rights against society's interests using this section of the CCRF (the "reasonable limits" clause).
What is Section 1?
This type of law prescribes the methods, rules, and steps used to enforce substantive law (such as rules of evidence and court procedures).
What is procedural law?
The legal principle where lower courts are required to follow previous rulings made by higher courts in similar cases (stare decisis).
What is precedent?
This lower civil court handles minor monetary disputes quickly and informally without requiring formal legal representation.
What is small claims court?
Before becoming law, a proposal must be introduced in parliament under this term, going through multiple readings and committee stages.
What is a bill?
This approach to statutory interpretation asserts that judges should read words in a law strictly according to their plain, everyday dictionary meaning.
What is the literal rule (or strict constructionism)?
Falling under private law, this specific legal wrong involves a breach of a duty that causes harm to another person, outside of a contract, where the victim seeks compensation.
What is tort law?
Local laws created by municipal governments to manage community matters like traffic, zoning, and noise control.
What are bylaws?
This preliminary court proceeding determines whether the Crown has enough sufficient evidence to send a criminal case forward to a superior court trial.
What is a preliminary hearing?
This complex legal and political mechanism outlines the exact steps and approvals required to amend the Canadian Constitution.
What is the amending formula?
When judges interpret statutes by evaluating the overall intent, context, and purpose of Parliament when writing the law, they are applying this judicial approach.
What is the purposive approach (or contextual approach)?