RSM225H1 Study Guide - Midterm Guide: General Partnership, Tax Avoidance, Mens Rea
Document Summary
Substantive (judge made) and procedural (process driven) Public (a ect gov) and private (private maters) Contains the charter of rights and freedoms. Process: bill presented to parliament > 3 readings > proclaimed into force > statute. Propose: framework for governance, regulate behaviour, codify/overwrite common law, expedite courts. Regulatory bodies: established statute with speci c power (ex. Judge bound by precedent when facts are similar (have to follow the supreme court but not other jurisdictions) Validity of legislation: does the gov agency creating the legislation have the authority to do so. Develop case law applied > resolve disputes without court intervention. No new facts presented, just examining previous decision. Agree w appellant and reverse the trial judgment. Send case back to trial at a lower court. Hears provincial appeals, brings all cases into the federal system. Inferior trial courts: created by provincial legislation for a particular purpose. Superior trial courts: created by constitution, federal judges.
