Podcast
Questions and Answers
What defines the main difference between substantive law and procedural law?
What defines the main difference between substantive law and procedural law?
- Substantive law is based on statutes, while procedural law is based on case law.
- Substantive law is international, while procedural law is domestic.
- Substantive law defines rights and duties, while procedural law outlines the process for enforcing those rights. (correct)
- Substantive law outlines the process for enforcing rights, while procedural law defines rights and duties.
Which of the following is NOT considered a source of Canadian law?
Which of the following is NOT considered a source of Canadian law?
- Executive orders (correct)
- Custom
- Case law
- Statutes
What was a key aim of the Quebec Act of 1774?
What was a key aim of the Quebec Act of 1774?
- To recognize the rights of Roman Catholics and preserve French civil law. (correct)
- To abolish the French language in Quebec.
- To eliminate the French legal system entirely.
- To assimilate the French population into English culture.
What did the Royal Proclamation of 1763 accomplish in relation to Indigenous peoples?
What did the Royal Proclamation of 1763 accomplish in relation to Indigenous peoples?
How is feudalism best characterized?
How is feudalism best characterized?
What was the main goal of the Act of Union in 1840?
What was the main goal of the Act of Union in 1840?
Which of the following is accurately categorized as a book of authority in Canadian law?
Which of the following is accurately categorized as a book of authority in Canadian law?
What is the principal function of case law in the common law system?
What is the principal function of case law in the common law system?
What does it mean to say that Canada has a pluralist legal system?
What does it mean to say that Canada has a pluralist legal system?
Which historical document marked the first shift from monarchy to democracy in England?
Which historical document marked the first shift from monarchy to democracy in England?
What was the primary purpose of the Royal Proclamation of 1763?
What was the primary purpose of the Royal Proclamation of 1763?
Which of the following is a key feature of the Quebec Act of 1774?
Which of the following is a key feature of the Quebec Act of 1774?
What was the significance of the Constitution Act of 1791?
What was the significance of the Constitution Act of 1791?
Which event marked the beginning of British dominance in Canada after the Seven Years’ War?
Which event marked the beginning of British dominance in Canada after the Seven Years’ War?
What is the primary difference between substantive law and procedural law?
What is the primary difference between substantive law and procedural law?
Which of the following accurately reflects a historical development of Canadian law?
Which of the following accurately reflects a historical development of Canadian law?
Flashcards
Substantive Law
Substantive Law
Defines rights and duties of individuals and entities.
Procedural Law
Procedural Law
Outlines the processes for enforcing rights through the legal system.
Sources of Canadian Law
Sources of Canadian Law
Includes statutes, customs, and case law as foundational elements.
Quebec Act of 1774
Quebec Act of 1774
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Royal Proclamation of 1763
Royal Proclamation of 1763
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Feudalism
Feudalism
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Act of Union 1840
Act of Union 1840
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Constitution Act, 1982
Constitution Act, 1982
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Pluralist legal system
Pluralist legal system
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Magna Carta
Magna Carta
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Constitution Act of 1791
Constitution Act of 1791
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Battle of the Plains of Abraham
Battle of the Plains of Abraham
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Substantive law vs Procedural law
Substantive law vs Procedural law
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Key features of Canadian law
Key features of Canadian law
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Study Notes
Canadian Legal Systems: Sources and Evolution
- Pluralist legal system: Canada operates with concurrent common law, civil law, and Indigenous legal orders.
- Magna Carta: A pivotal English document marking a shift towards democracy, pre-dating Canadian legal development.
- Royal Proclamation of 1763: Established British legal structure and intended to safeguard Indigenous rights, forming a crucial initial framework.
- Quebec Act of 1774: Allowed for French civil law and Catholic participation in the Québec government, maintaining legal distinctions between British colonies and preserving cultural elements.
- Constitution Act of 1791: Divided Quebec into Upper and Lower Canada, creating legislative and executive branches of government, shaping the nascent political structure.
- British Dominance: The Battle of the Plains of Abraham signaled the beginning of British ascendancy in Canada after the Seven Years' War.
- Substantive vs. Procedural Law: Substantive law defines rights and obligations; procedural law outlines enforcement processes.
- Sources of Canadian Law: Include statutes, custom, and case law. These elements are interconnected and form a complete legal framework.
- Quebec Act Purpose: The goal was to acknowledge French civil law and the rights of Catholic citizens in Québec.
- Royal Proclamation and Indigenous Peoples: The proclamation aimed to outline conditions for interactions between British authorities and Indigenous communities, recognizing their existing rights and territories.
- Feudalism: A historical European political and economic system where land was granted in exchange for service and loyalty. Doesn't apply directly to contemporary Canadian legal frameworks.
- Act of Union (1840): United Upper and Lower Canada forming a single province, strengthening centralized governance.
- Legal Authority: Legal textbooks and scholarly works are considered authoritative sources of understanding within the Canadian legal system.
- Common Law and Case Law: Case law is essential for interpreting and applying existing laws to particular scenarios, further developing the common law tradition.
- Constitution Act, 1982: Established the Canadian Charter of Rights and Freedoms, fundamentally altering the rights of Canadian citizens.
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