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Characteristics of an effective justice system
Right to be heard, right to a fair trial, right to know, right to an impartial jury.
Rule of Law
Characteristics of an effective justice system.
Legislation
Aka statutes; laws made by governments and is written.
Common Law
Aka Case Law; laws made by courts/judges and is a court decision.
Levels of Government
Federal, Provincial and Municipal.
Parliamentary Process
How laws are made, changed and repealed. Federal process.
Intra Vires
Legislative authority.
Ultra Vires
Acting outside of their authority.
Amending Formula
Requires federal government, 7/10 provinces with 50% of the population in those 7
provinces.
Criminal Law
, System used when society alleges that a person has done something wrong and should
should be punished.
Civil Law
System used when one person sues another to get financial compensation for harm
caused.
Administrative Law
System used where administrative bodies have been given powers by
legislation/statutes to deal with particular issues.
Onus
Whose job it is to prove the case - the responsibility for proving something; belongs to
the Crown in criminal cases; belongs to the plaintiff in civil cases.
Standard of Proof
The degree to which something must be proven; in order to persuade the judge, the
Prosecutor must establish the accused's guilt 'beyond a reasonable doubt'. Considered
a balance of probabilities in civil cases and is on the plaintiff.
Civil action
People sue each other or corporation because they feel they have been harmed by the
behavior or lack of behavior of the other.
Plaintiff
The person suing.
Defendant
The person being sued.
Statement of Claim