Sources of Law
These are the original sources from which law develops, such as customs, religion, and social values.
What is primary sources of law
This Latin term means “to stand by what has been decided” and is the basis for the use of precedent in common law.
What is Stare Decisis
This Supreme Court case eliminated the concept of “implied consent” in Canadian sexual assault law.
What is R v. Ewanchuck?
The study/theory of law.
What is Jurisprudence?
Another name for government made law.
What is Statute Law?
This individual ordered judges to travel around the country to resolve local disputes.
Who is King Henry II?
This case legalized medical assistance in dying, overturning the earlier ruling decided in Rodriguez v. British Columbia.
What is Carter v. Canada
After the denial of Irene Murdoch's claim, what issue did feminist legal experts begin to focus on to win fairer treatment for divorced women?
What are Spousal Rights?
The school of legal philosophy that examines law in a realistic fashion.
What is Legal Realism?
This branch of the Canadian government makes the laws, including the House of Commons.
What is the legislative branch?
The principle that protects liberty by ensuring that the law is applied equally to everyone.
What is Rule of Law
In this 1988 case, the Supreme Court struck down Canada’s abortion law, citing that it violated women’s rights under the Charter.
What is R v. Morgentaler
What act was being contested upon in the case of Jeanette Lavell.
What is the Indian Act?
This individual who disagreed heavily with Fuller argued that the law's essence does not lie in "the exercise of power and control, but in the predictable restraint on those using that power"
Who is Philip Selznick?
This principle ensures that no branch of the Canadian government has unlimited power, and that each branch has distinct roles and responsibilities.
What is the separation of powers?
The BNA Act can only be changed using this process, which was later established in the Constitution Act (1982).
What is the Amending Formula
This type of legal brief introduced the expertise of any individual outside of the legal profession, first used in Muller v. Oregon to argue that women should have shorter work hours.
What is Brandeis Brief
What was the final court the famous five appealed to in the Persons Case to have the decision of the Supreme Court reversed?
What is the Judicial Committee of the Privy Council?
This theory states that a law need not be moral to be a law, rather the law should be followed simply because it is the law.
What is legal positivism?
Latin term meaning "beyond the powers" and refers to actions taken by the government that exceed their authority.
What is Ultra Vires?
This clause allows federal or provincial governments to temporarily override certain Charter rights.
What is the notwithstanding clause?
When was Alberta's Sexual Sterilization Act repealed
What is 1972?
In 1982, this justice became the first woman ever to be appointed to the Supreme Court of Canada. She later presented a famous paper titled "Will Women Judges Really Make a Difference?"
Who is Bertha Wilson?
Natural Law is known by this slogan.
What is "An unjust law is no law at all"
This 1982 law patriated Canada’s constitution from Britain, included the Charter of Rights and Freedoms, and gave Canada full control over future constitutional amendments.
What is the Constitution Act 1982?