Legal Fundamentals for Canadian Business Chapter 1
1. Law: consists of the rules enforceable in court or by other government agencies
2. Substantive law: the rules determining behaviour, including our rights and
obligations
3. Procedural law: how legal institutions work and the process involved in
enforcing law
4. Public law: disputes involving the government (including criminal law and
government regulation)
5. Private law or Civil law: the rules that enable an individual to sue a person
who has injured them
6. Plaintiff: the person suing
7. Defendant: the person being sued
8. Applicant: In special circumstances, the person bringing the matter before the
judge is referred to; the opposing party known as the the Respondent
9. Apellant: When one party is dissatisfied with the decision and appeals it to a
higher court (and the respondent)
10. Civil Code: a b body of rules setting out general principles that are applied
by the courts to the problem before them
11. Distinguishing cases: a considerable portion of courts decision is usually
an explanation of why the judge chose to follow on precedent rather than
anothers
12. Courts of Chancery: The Court of Chancery was a court of equity in
England and Wales that followed a set of loose rules to avoid the slow pace of
change and possible harshness (or "inequity") of the common law. The
Chancery had jurisdiction over all matters of equity, including trusts, land law,
the administration of the estates of lunatics and the guardianship of infants.
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, Legal Fundamentals for Canadian Business Chapter 1
13. Parliamentary supremacy: any legislation passed by Parliament overrides
judgment made law, whether in the form of common law or equity.
14. British North American Act (BNA Act): 1867, creates Canada with
constitution like Britain's; unites english colonies into one confederation
15. Constitution Act (1867): Also known as the BNA act, also divides powers
between federal and provincial governments.
16. Bill:
17. Statute:
18. Regulations: Statues often authorize a cabinet minister minister or other
official to create sub-legislation to accomplish the objectives of the statute.
19. Constitution Act (1982): Gives Canada Independence; also included the
Canadian Charter of Rights and Freedoms
20. Canadian Human Rights Act: prohibits discriminatory practices
21. Charter of Rights and Freedom: protects from rights abuses by the
government; also limited to government actions
22 The charter protects:: fundamental freedoms; democratic rights; mobility
rights; legal rights; equality rights; and language rights
23. Court structure: provincial court ’ small claims ’ family ’ criminal
24. Question of fact: what happened that gave rise to the action (left to jury)
25. Question of law: what are the legal obligations of the parties or what legal
rules are to be applied to the case (left to judge)
26. Writ of summons: contains a brief description of the nature of the complaint
and the address where future documents related to the case can be served;
commences litigation process
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1. Law: consists of the rules enforceable in court or by other government agencies
2. Substantive law: the rules determining behaviour, including our rights and
obligations
3. Procedural law: how legal institutions work and the process involved in
enforcing law
4. Public law: disputes involving the government (including criminal law and
government regulation)
5. Private law or Civil law: the rules that enable an individual to sue a person
who has injured them
6. Plaintiff: the person suing
7. Defendant: the person being sued
8. Applicant: In special circumstances, the person bringing the matter before the
judge is referred to; the opposing party known as the the Respondent
9. Apellant: When one party is dissatisfied with the decision and appeals it to a
higher court (and the respondent)
10. Civil Code: a b body of rules setting out general principles that are applied
by the courts to the problem before them
11. Distinguishing cases: a considerable portion of courts decision is usually
an explanation of why the judge chose to follow on precedent rather than
anothers
12. Courts of Chancery: The Court of Chancery was a court of equity in
England and Wales that followed a set of loose rules to avoid the slow pace of
change and possible harshness (or "inequity") of the common law. The
Chancery had jurisdiction over all matters of equity, including trusts, land law,
the administration of the estates of lunatics and the guardianship of infants.
1/5
, Legal Fundamentals for Canadian Business Chapter 1
13. Parliamentary supremacy: any legislation passed by Parliament overrides
judgment made law, whether in the form of common law or equity.
14. British North American Act (BNA Act): 1867, creates Canada with
constitution like Britain's; unites english colonies into one confederation
15. Constitution Act (1867): Also known as the BNA act, also divides powers
between federal and provincial governments.
16. Bill:
17. Statute:
18. Regulations: Statues often authorize a cabinet minister minister or other
official to create sub-legislation to accomplish the objectives of the statute.
19. Constitution Act (1982): Gives Canada Independence; also included the
Canadian Charter of Rights and Freedoms
20. Canadian Human Rights Act: prohibits discriminatory practices
21. Charter of Rights and Freedom: protects from rights abuses by the
government; also limited to government actions
22 The charter protects:: fundamental freedoms; democratic rights; mobility
rights; legal rights; equality rights; and language rights
23. Court structure: provincial court ’ small claims ’ family ’ criminal
24. Question of fact: what happened that gave rise to the action (left to jury)
25. Question of law: what are the legal obligations of the parties or what legal
rules are to be applied to the case (left to judge)
26. Writ of summons: contains a brief description of the nature of the complaint
and the address where future documents related to the case can be served;
commences litigation process
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