Chapter 1
This theoretical perspective, proposed by HLA Hart, argues that to determine whether a law is valid, one must consider whether they are enacted by the legislative sovereign or interpreted through a logical system of precedents.
What is Positivism?
This legal document resulted in the introduction of English laws and courts in Canada and guaranteed Aboriginal self-government.
What is the Royal Proclamation of 1763?
This rule of statutory interpretation involves examining written definitions.
What is the literal meaning rule?
This area of law concerns the powers of governments and the rights of citizens.
What is constitutional law?
This is the primary distinction between summary and indictable offences.
What is the severity of the available punishment?
This theoretical perspective rejects positivism, challenging the underlying purposes, values, and assumptions of legal language and the legal system.
What is critical legal theory?
This source of Canadian law includes the outcomes of prior legal decisions.
What is case law?
This Latin term establishes the concept of legal precedent and translates to "to stand by decided things".
What is stare decisis?
The addition of this constitutional document disrupted Canada's tradition of parliamentary supremacy by allowing judges to strike down laws inconsistent with it.
What is the Canadian Charter of Rights and Freedoms?
This system of conflict resolution is premised on the idea that the truth is most likely to emerge from the competition of 2 ideas.
What is the adversarial system?
This theoretical perspective would condemn laws promoting ameliorative action, arguing that they unduly force employers to accommodate others.
What is the Libertarian Perspective?
This was the first illicit substance to be prohibited in Canada.
What is opium?
This method of statutory interpretation states that when a general term precedes a list of specific words or phrases, it should interpreted to include only words or phrases similar to those that follow it.
What is the to be known by its associates rule?
This is the most significant difference between constitutional law and any other form of statutory law.
What is the method by which they can be altered?
This Act contains a statutory exception to the principle of open access to the courts.
What is the Youth Criminal Justice Act?
Adherents to this legal philosophy argue that law can only be understood by examining the political, economic, and social contexts in which those who make and enforce the law exist.
What are legal realists?
This area of law is primarily concerned with collective interests.
What is public law?
This statutory interpretation approach asserts that ambiguous terms must be interpreted according to the legal wrong targeted by lawmakers.
What is the Mischief/Hayden case rule?
This action rendered Canada responsible for its own constitution.
What is the patriation of the Constitution?
This sentencing principle is commonly advocated for by the general population and is often misattributed to s. 718 of the criminal code, but is not included.
What is retribution?
This philosopher asserted that law and order should wither away along with the state.
Who is Karl Marx?
This Latin term refers to remarks made by a judge that are meant to inform future legal decisions but that do not relate directly to the case at hand.
What is obiter dicta?
This legal issue was raised in the Edwards v A.G. of Canada (1927) case.
What is the inclusion of women in the term "persons"?
This Latin term describes the reason for which criminal statutes legislated by provincial governments would be struck down.
What is ultra vires?
This alternative model of conflict resolution involves the use of an independent third party who attempts to bring the parties to a mutual agreement.
What is mediation?