Terms and definitions
What is Law?
What is Ratio Decidendi?
Refers to the statement of law made by a judge which concludes the case and decides the legal issue of a particular case.
What are Statues and Regulations?
Written laws that are made and published by the government legislators. (Federal, Provincial and municipal)
Eg. Criminal Code
What is procedural Law?
Rules of a procedure that a person must follow to properly bring another person before the court or administrative board to have the substantive issues or merits of the case determined by the court/board
eg: criminal = lay an information
Civil = issues a statement of claim
What is the Annotated Statute?
Refers to a process whereby a private publisher adds editorial comments to sanctions of a government statute that would include:
Cross referencing to other sections and explanatory notes.
The principle of case law that states higher court decisions form a precedent that lower courts must subsequently follow in applying the law.
ex. SCC (Supreme Court Canada) Binds everyone in Canada
Ont CA binds all courts in Ontario.
What is a Voir Dire?
A trial within a trial where evidence is called to determine its validity
What is Case Law?
Case law is a collection of written judicial decisions on a particular legal issue. Which becomes a binding statement of the law as it relates to the issue.
It is based on the hierarchy of the courts and the system of the precedent.
What is substantive law
Once the proper procedure is followed to bring a matter before a Court/Tribunal these laws deal with the actual merits of the legal problem.
Eg: Criminal = Has an assault occurred?
Civil = Was the defendant negligent?
what is unannotated statute?
Refers to the government publication of a statute (with margin notes, tables of contents but no other editorial comments)
What is common law?
Common law is a statement of legal rules and principles established through written court decisions on a particular legal issue or area.
What is Ultra Vires?
A latin Term meaning beyond the powers.
used in Canadian law to describe acts, regulations, or legislation that exceed the legal authority of the body creating them. In constitutional law, it refers to a level of government passing laws outside its jurisdiction; in corporate law, it refers to actions beyond a corporation's charter.
what is combining sources of law?
Sanctions of a statute that are ambiguous and do not deal with all factual situations that may arise.
what is the Government preference for laws?
Government prefers laws in statutory/regulatory form because:
What are Regulations
Regulations must be authorized by a statute - subordinate legislation.
Usually very detailed, technical, constantly changing.
Also found in government publications; separate from statutes.
What is Court Of Chancery
A court in England that are developed in Case law, but their decision was based solely on principles of "equity" and "Fairness"
Intra Vires
Intra vires is a Latin term meaning "within the powers," used in Canadian law to describe actions, regulations, or legislation that fall within the legal authority or jurisdiction of the body that created them. If a law is intra vires, it is valid and constitutional, whereas acting outside that authority is ultra vires.
Non Litigious law vs Litigious
Non Litigious - Laws (normally statues) that do not result in courtroom proceedings.
eg. Real Estate.
Litigious - Laws that require courtroom proceedings when violated.
eg Criminal code
What is case citation?
Each statute or case has a unique "cite" which refers to the locations of the particular statute or case
What does Obiter Dicta Refer too?
Refers to the analysis of legal principles made by a judge in their decision, which they relied upon during the decision-making process.
What is Administrative Law
It's a quasi-litigious category of law that does not require courtroom appearance for enforcement but requires similar proceedings before administrative tribunals.
Eg. Liquor License Act
Municipal Act
What is reported case?
Refers to written court decisions that are published, for profit, by a recognized private company (reporter service) who also insert headnotes and editorial comments.
eg: Ontario Reports
Canadian Criminal Cases
Criminal Reports