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Study Guide

POLS 2350- Midterm Exam Guide - Comprehensive Notes for the exam ( 16 pages long!)

16 pages289 viewsFall 2016

Department
Political Science
Course Code
POLS 2350
Professor
Baker
Study Guide
Midterm

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U of G
POLS 2350
MIDTERM EXAM
STUDY GUIDE
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Thursday, October 13, 2016
Chapter 2 - Sources of Canadian Law
Law and Politics
-Magna Carta: bringing English true first shift from monarchy to democracy.
-Feudalism: 1666, political and economic system granted nobility and land in
exchange for labour & military service or vassals on the land - abolished in England.
Canada became in legal terms, territory of two competing nations. Britain & France.
-Royal Proclamation of 1763: came from Battle on Plains of Abraham, Britain
established itself as dominant power within Europe.
Quebec Act: right of roman catholics to participate in government & use of French
civil law (1774).
-Constitution Act of 1791: divided Quebec into Upper and Lowe Canada. Created
legislative and executive branches of government.
Legislative branch had two houses: Legislative Council, appointed by British
Parliament and Legislative assembly, where landowners could be elected.
Executive branch of government was not responsible for Legislative Assembly.
British interests.
Canada formed as result of union between Upper & Lower Canada, Nova Soctia
and New Brunswick, on July 1st, 1867. Manitoba joined in 1870, BC in 71, PEI in
73, Alberta & Saskatchewan in 1905, and Newfoundland in 1949.
-British Norh America Act, 1667: original and defining source of law. Section 91 & 92
for federal & provincial government
-Conceptual Divisions of Law
Domestic Law: law of single nation state. Can be further classified as public or
private. It can also be substantive (prohibits) or procedural (discussing
procedures taking evidence at trial).
International Law: law common to all nation-states. Mediated by United Nations,
involves governance/accommodation of nations, in relation to global treaties,
conventions and customs.
Public Law: primarily of collective
interest.
Private Law: concerned w/ definition &
regulation of individual matters
Constitutional Law
Criminal Law
Admin Law
Taxation Law
Contracts Torts & Patent law
Real Estate Company Law
Property The Law of Agency
Family law Wills and Trusts
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Thursday, October 13, 2016
Canada’s Legal History: Social, Political, Economic Context
Sources of Canadian Law
Legislation (written) and case law (unwritten) = sources of principal.
Two influences of subsidiary: Custom and books of authority (unwritten)
Statue Law
source of legal form, long-standing tradition of British parliamentary
supremacy. Represents will of people after democratic debate & resolution.
House of Commons and legislative assemblies of provinces and territories.
Introduce bill into either House of Commons or Legislative Assembly, and
gives its “first reading”, passed to second reading without debate.
If second reading, minister who proposed sets out urpose, then a
debate follows. After debate, bill is sent to committee of House or
Assembly composed of both government and Opposition members.
More debate, public hearings. Third reading, if enough support bill is
passed. Must be repeated in Senate for federal. For provincial,
passed to lieutenant governor of that province for approval.
Case Law
established by decisions in specific court cases. Following courts will turn to
these decisions (judicial precedents) when making judgments about similar
issues. Supreme Court decision will affect all courts.
Open system of interpretation, legislative democracy. However, two
problems with judicial precedents as source of law
1. Trying to mesh current situations with pre-existing case law, courts
and counsel may make illogical distinctions. Must be set agaisnt
many precedents.
2. Logic of system of binding precedent is court os last resort
(supreme Court) binds itself and all other courts. However,
Sometimes Supreme Court changes i’s past decisions based on new
evidence or new conceptions.
Reporting Case Law
Editors of reports make decisions about which cases to report. Most made in
superior courts (able to bind other courts). Headnote is a summary of facts of
case.
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