FRSC 1100- MIDTERM EXAM QUESTIONS AND ANSWERS WITH
COMPLETE SOLUTIONS VERIFIED
what are 2 sources of law in canada
legislation/ statutes, case law/common law
what is legislation and statutes
- written laws made by governments legislation
- in "acts', "codes", or "by-laws"
what is case law/ common law
- laws made by judges/ courts
- in written court decision
how are statutes created in canada
by 3 levels of government
what are the 3 levels of government
federal, municipal, provincial
what are federal government laws
canada-wide laws called "acts" or "codes"
what are provincial government laws
laws specific to a province, called 'acts' or 'codes'
what are municipal government laws
laws specific to a city or town, called 'by-laws'
what is the preliminary process
,the system of law making done by elected officials at the federal level
what is the federal preliminary process
house of commons for 3 readings > senate > govoner general > codes and acts created
what is legislative authority
governments only being able to create laws if they have legislation
what are the limits on legslative authority
- Law made by governments is within their law making authority by the constitution act
1867
- Law made by government is outside their law making authority of the constitution act
- If found to be intra vires, the statute stands as is
- If found to be ultra vires, the statute is of no force and effect
what does 'R. v' mean
its a criminal case
what does JJA mean
justice of appeal
what is the common law
The body of law made by judges via case law decisions which become legal precedents
for other decisions
what is case law
- written decision a judge makes after listening to a trial in court
- clarifys what is written in statutes and/or add to or develop new common law
how is the common law developed
, When a case goes to a trial and is decided by a judge in a lawyer court, the parties
decide if they will appeal the judges decision in a higher court
what are precedents
Legal case establishing a principle or rule that a court or other judicial body may utilize
when deciding subsequent cases with similar issues or facts
what is stare decisis
legal principle that requires lower courts to stand by/ following the legal precedents of
upper courts; decisions of higher courts are binding on lower courts
what happens in trial courts
courts hear evidence of the witness
what is the judges role in trial court
- to decide the facts of the case from evidence presented
- make a finding of law from arguments, legislation, and precedents provided by legal
counsel
what happens in appeal courts
- evidence from witness is not heard
- judges listen to oral submissions of lawyers
what are torts
non-contractual justifications for using someone
what is contract law
what is legslative rights/ violation
Rights given under specific pieces of legislation that, if breached, allow people to sue
what do judges find in civil cases
COMPLETE SOLUTIONS VERIFIED
what are 2 sources of law in canada
legislation/ statutes, case law/common law
what is legislation and statutes
- written laws made by governments legislation
- in "acts', "codes", or "by-laws"
what is case law/ common law
- laws made by judges/ courts
- in written court decision
how are statutes created in canada
by 3 levels of government
what are the 3 levels of government
federal, municipal, provincial
what are federal government laws
canada-wide laws called "acts" or "codes"
what are provincial government laws
laws specific to a province, called 'acts' or 'codes'
what are municipal government laws
laws specific to a city or town, called 'by-laws'
what is the preliminary process
,the system of law making done by elected officials at the federal level
what is the federal preliminary process
house of commons for 3 readings > senate > govoner general > codes and acts created
what is legislative authority
governments only being able to create laws if they have legislation
what are the limits on legslative authority
- Law made by governments is within their law making authority by the constitution act
1867
- Law made by government is outside their law making authority of the constitution act
- If found to be intra vires, the statute stands as is
- If found to be ultra vires, the statute is of no force and effect
what does 'R. v' mean
its a criminal case
what does JJA mean
justice of appeal
what is the common law
The body of law made by judges via case law decisions which become legal precedents
for other decisions
what is case law
- written decision a judge makes after listening to a trial in court
- clarifys what is written in statutes and/or add to or develop new common law
how is the common law developed
, When a case goes to a trial and is decided by a judge in a lawyer court, the parties
decide if they will appeal the judges decision in a higher court
what are precedents
Legal case establishing a principle or rule that a court or other judicial body may utilize
when deciding subsequent cases with similar issues or facts
what is stare decisis
legal principle that requires lower courts to stand by/ following the legal precedents of
upper courts; decisions of higher courts are binding on lower courts
what happens in trial courts
courts hear evidence of the witness
what is the judges role in trial court
- to decide the facts of the case from evidence presented
- make a finding of law from arguments, legislation, and precedents provided by legal
counsel
what happens in appeal courts
- evidence from witness is not heard
- judges listen to oral submissions of lawyers
what are torts
non-contractual justifications for using someone
what is contract law
what is legslative rights/ violation
Rights given under specific pieces of legislation that, if breached, allow people to sue
what do judges find in civil cases
