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Related Flashcards
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Cards In This Set
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What is a Bijural Nation?
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A country with two different Legal systems
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What year did William the Conqueror invade england?
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1066
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What is Feudalism?
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Political, military, and landholding system in medieval Europe; characterized by an exchange of rights, duties, and allegiances among the king, nobles, and subjects.
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What is a Chancery?
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A department of state established by english monarchs to assist with legal matters, and to issue writs.
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What is Kings Peace?
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A concept reflecting the duty of English monarchs to protect the well-being of their subjects.
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What are the Court of Common pleas, the Court of Kings Bench, and the Exchequer Court?
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Common Pleas: Non-Criminal court
Kings Bench: Criminal court
Exchequer: Anything money
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What is a Plaintiff?
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A person who starts a non-criminal court action.
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What is a precedent?
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A previous similar case already with a ruling.
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What is Stare Decisis?
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The need to follow a precedent.
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What are 3 ways a precedent is Binding?
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1) Decided in a higher court
2) Has similar facts
3) The precedent must have the same ratio decidendi (reasons for decision)
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What are 3 ways a precedent is Distinguishable?
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1) Decided in a lower court
2) The facts are different
3) The precedent is too old
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What are 3 ways a precedent can be persuasive?
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1) No similar precedents from the judges own province or from the Supreme Court of Canada
2) The other precedent is recent and from the top court in that other province
3) The precedent is from a highly respected judge in the other province
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Who was the first Canadian born Chief Justice?
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John Beverly Robinson
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Who is the prosecutor in a criminal matter in Canada?
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The Crown
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What is a civil code?
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An authoritative legislative enactment containing private law for a country's citizens.
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