ADMS 2610 Lecture Notes - Small Claims Court, Power Control, Superior Court
30 May 2012
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Document Summary
Action/ lawsuit/legal proceedings in the court of law. A case is a decided law suit, an act that was taken into action, for appeal, sets out the facts and the decisions. Usually set up as case: name of person sued upon vs person suing . Legislation: written law passed by the government of canada. Synonym for legislation is statute, enactment of a governmental legislature or act. Jurisdiction: power/ control of a governmental authority over the area(s) of law. The provisions for the federal and province is clearly set out. But sometimes due to section 91 and 92, there are grey areas where the provinces may try to pass legislation that may look like a federal legislation. In such a case, the paramountcy rule is enacted,which states that if there is a conflict between the provincial and federal legislation, the provincial legislation fails and the federal legislation prevails.
