LAWS 1000 Lecture Notes - 1 Bc, Small Claims Court, Parliamentary Sovereignty
7 Jul 2014
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Document Summary
Parliamentary sovereignty parliament can make or unmake any law. Within the canadian, context, there are several limits, like internal and external. An internal conflict is federalism because it limits the powers of each level of government (since 1867, not 1982). External conflicts like globalization and international law (countries agreeing things that act as limits on sovereignty), which both influence authority of canadian gov"t. Civil trials are between two parties, while criminal trials between individual and state. Criminal trials are wrongs against society, and society as a whole condemns the behaviour. Aim of criminal trial is deterrence (specific or general). Specific = i am going to stop x from doing an action again. General = setting penalties high enough that it deters other people in society from doing that act. The standard of proof in a criminal trial is very high: beyond a reasonable doubt.
