LAWS2501 Midterm

Agreement between Britain and France that led to British conquest of New France and the imposition of British law in the territory.

Legislation that allowed Canada to modify or abolish British laws, request constitutional changes, and assert its own sovereignty.

The supreme law of Canada, including the Canada Act of 1867 and 1982, which includes the Charter of Rights and Freedoms.

The most important section of the Constitution, granting the power to invalidate laws and interpretations that are inconsistent with the provisions of the Constitution.

Also known as common law, it refers to the body of law created by judicial decisions and interpretations in individual legal cases.

Established case law that is used to argue for a particular interpretation of the law or to demonstrate how similar cases were decided in the past.

The use of case law to persuade the court to adopt a particular legal reasoning or to support a legal position.

The attempt to differentiate the facts or legal principles of a case from previous cases in order to argue for a different outcome.

The act of challenging existing case law and arguing for a departure from precedent based on changes in societal norms, legal understanding, or circumstances.

Established through consistent, public, and peaceful actions or abstentions over a specific duration, without protest, and possessing morally good, reasonable, and clear obligations.

Non-sanctionable rules between political actors that are treated as binding due to a sense of political necessity and are often based on important political events and agreements.

An organized and autonomous territory or community with the ultimate authority over its jurisdiction and the monopoly on violence within that jurisdiction.

The expression of autonomy and independence of a legal order within a state's own territory, with ultimate decision-making power.

The evolution of Canada's sovereignty from being under the authority of the British Empire to becoming a sovereign country with control over its own laws and external relations.

The adoption of laws by the state, either at the federal or provincial level, with jurisdiction over specific areas.

The application of laws and resolution of disputes by the judiciary, including the interpretation of norms and the exercise of judicial discretion and independence.

The power of the government to regulate, administer, and make decisions in public administration activities, including regulatory power, discretionary power, and purely administrative power.

The concept of sovereignty belonging exclusively to the state, exercising power through making laws and sovereign acts, and being immune from lawsuits in certain situations.

The state's management of itself, including actions such as purchasing decisions and contract cuts, which can lead to potential lawsuits and fines.

The distinction between the concept of sovereignty, which historically belonged to a personal sovereign, and the evolution towards collective sovereignty.

Property owned by the state and distinct from private property.

The state's exercise of power not only through land ownership but also through the enforcement of laws, rules, and regulations.

True, the charter has in place many sections that govern the amending of the constitution.

False, Canada is a federation.

True, this section states that all law not consistent to the constitution is null and void. It also gives power for the courts to invalidate and interpret laws.

False, all modifications of the constitution are part of the constitution

False, not completely, the constitution act is very much still British and based off of the British constitution, even if enacted in Canada.

True after 1982, Canada truly became independent from the British government, excluding the inclusion of the monarch.

False, the Canadian Parliament's laws must be respected in each province, despite the independence of each province.

False, the territories are technically legislated by the Canadian government, however, the Canadian government delegates those rights to the territories. At any point though, the Canadian government can remove those rights without changing the Constitution.

True, laws enacted by the province must be constitutional.

True, any decisions made in regards to the constitution is now a part of the constitution.

False, all decision made by judges are Erga Omnes (towards all) i.e. Case law.

True, courts are there to fill the gaps made by legislators.

True, statute is a written law passed by the legislative branch of a government/parliament.

False, statutes trump common law. When Parliament or a provincial or territorial legislature passes a statute, it takes the place of common law or precedents dealing with the same subject.

Susceptible of sanction

True, moreover the act is supposed to be peaceful and public and can also include refusal of carrying out an act (as long as there is no large protest).

Writings of law professors and lawyers or scholars

False, doctrines are not sanctionable, however, a SECTION of a doctrine may become sanctionable if quoted by a judge but only in the context the Judge intends

The senate is nominated while the House of Commons is elected.

False, it is only illegitimate.

False, is does hold political consequences.

False, customs are created through time whereas conventions can be made through one important event.

False, conventions are only sanctionable by government officials (only politically sanctionable not legally sanctionable).

True, the state in order to keep the peace has been allowed to use methods of violence and coercion so as to allow for a better society.

False, the state is an apparatus and has the right to make laws and enforce said laws.

False, a State must be one.

False, provinces are subordinates to the state, but provinces are sovereign within their own jurisdiction.

False, provinces are excluded from public affairs and must only act as private individuals.

- Organized and autonomous territory

- No Material Limits

- Ultimate power over its jurisdiction

Most fundamental notion of law

People get together to form a nation

False, the state should be the main apparatus, meaning its the main holder of power (not an abstract holder).

False, there must only be one state in a state or else it is not a state. (centralized power).

- Legal parentage

-Merging

-Through a new order

-Literal destruction (through natural disaster or other)

-New order

-War

False, we had no jurisdiction over international relations.

False, a province can assume control right away of a municipality.

The business the government conducts (rather than formal legal proceedings which are sovereign).