Public Law 2023 with 100% correct questions and answers

What is law? A body of rules enforceable in the courts. It operates in a social setting. What is Public Law? Regulates relations between the state and individuals as well as society at large. Can take the form of constitutional norms (written rules - constitutions 1967&1982, Westminster Accord 1931, unwritten principles & conventions - democracy, federalism, rule of law, judicial independence, protect minority; conventions: GG acts on advice of PM, PM must enjoy confidence of the House, Head of party is PM), legislation (both interpreted by courts) or common law (created and interpreted by courts) What is the State? A human creation. Institution that exercises sovereign power and purports to act on behalf of the public in a given geographical area. Acts thru various institutions of government: executive, legislature, judiciary, fed and provincial ministries, agencies, boards, tribunals What is Private Law? The law relating to the actions of individuals and groups in society. Most law is created by the State and all law is subject to enforcement by the judicial branch of the state. All law has some reference to private individuals. What are the other main kinds of law (types of legal systems)? Canada has both common law system - applicable to public and private law matters outside of Quebec and the civil law system, applicable only to private law matters in Quebec. The Common Law system is (1) and adversarial procedure (2) oriented towards case law The Civil Law system is (1) has a more inquisitorial procedure (2) based on legislative codes Common Law the body of rules and principles developed by the courts of law (judge-made law); Develops haphazardly depending on what is litigated Statute Law also known as primary legislation. law enacted by the legislature. Includes constitutional statutes and ordinary statutes; Explicit and consciously planned; Prevails over common law in conflict; Interpreted by courts who apply common law principles when interpreting Subordinate Legislation Similar to statute law; Consists of formal rules enacted by the executive branch of government Criminal Law Deals with wrongs deemed serious enough to affect society as a whole; found in a single statute - the Criminal Code; More inquisitorial than civil law; penalties - fine and imprisonment