Intro to Law Chapter #3

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Intro to Law Chapter #3
2014-02-18 10:44:10
Defenition of Chapter #3
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  1. Bill
    What a statute is called when its introduce in a legislature. If its passes, it is then called and Act.
  2. Cabinet submission
    A document used to circulate a policy proposal for comment or other government action, among the various ministries of the government \. It then goes eventually to Cabinet, where Cabinet ministers decided how they deal with the matter
  3. Committee of the whole house
    While a bill is normally scrutinised by a standing committee of the legislature that deals with the subjects matter covered by the bill, a bill may be considered by a committee consisting of all of the members of the legislature for the clause by clause discussion usually done in standing committee.
  4. Gazette
    The name of the publication issued by government in Canada on a regular basis, usually weekly, containing official notices and announcement and in which regulations made under the authority of the state are first published. A regulation usually take effect at publication consequently, the gazetting of the regulation is a important step in its becoming enforceable.
  5. Law Reports
    Cases in which judges give reasons for judgement explaining a legal decision are gathered up and published in case reporting books called law reports. Law reports may be officially published by the government law societies or private publishers. They no longer necessarily only in book form, as many law reports are available from online computers services.
  6. Judgement of Order
    A command from the court that must be followed.
  7. Legislative Drafting Office
    Most Legislative bodies have a group of lawyers who are specialist in the art of drafting statutes. The office does not determine the content of legislation but does determine the form that legislation takes.
  8. Management Board of Cabine
    A Cabinet committee that acts as a gatekeeper, determining which matters come before the Cabinet.
  9. Persuasive
    With respect to case law, a case decided by a respected judge from another jurisdiction, which is not binding on the court in the case at bar, is said to be persuasive if otherwise influence the court.
  10. Primary Legislature
    Statutes are primary legislation; the term is used in distinguish statutes from regulation passed under the authority of statutes. Regulation are sometimes reefed to as subordinate legislation
  11. Private Bill
    A bill usually passed at the request of a specific person and that affect a particle person of body. For example municipality often ask to have a private bill passed in order to amend that municipality powers
  12. Privates Member’s Bill
    A bill introduced by an individual MP of legislator that is not part of the government’s legislative program. As the government controls the agenda of the legislature in order to get government bills passed, there is rarely time to consider privates member’s bills, and these usually do not come to final vote.
  13. Proclaim in Force
    A bill does not come into force automatically when it is passed, it must first be proclaimed in force. This may be on a specific date, or when the government is ready, or upon passage of the bill, if the bill so provides
  14. Public Bill
    A bill that affects the general law of the jurisdiction and concerns matters if a general of public nature.
  15. Repatriate
    One repatriates something when one recovers its nationality. Canada repatriated its Constitutuion when it recovered from the United Kingdoms the right as a nation to amend its own constitution.
  16. Reported Reason for Decision
    A Judge written reasons for making a judgement or a order.
  17. Retroactive
    A legal rule that takes effect in the period before the rule was created. Law is not supposed to be retroactive, and it is presumed that a law when passed takes effect only from and after the time of passage
  18. Revised Statutes
    In Canada the federal government and the provinces consolidate and revise all statutes at regular intervals deleting part’s that haves been repealed and adding amendments since the date last revised
  19. Second reading
    A stage of process that results in a bill becoming a law. At this stage the bill is debatesd in the legislature at length, the basic principal, are discussed and the bill is defended by the minister responsible for it. A vote to approve at this stage is a vote of approval in principal
  20. Subordinate legislation
    A law made by a body subordinate to the parliament under the authority of a parliament statute.
  21. Third Reading
    When the bill comes before the legislature after the committee stage has been completed it received its third and final reading and is voted on its third reading form
  22. Ultra Vires
    A Latin maxim that describes action that is unlawful because there is no authority to take that action, in the federal system, the maxim describes as a statutes pass by a legislative body that had no authority to pass tha statutes. The statutes therefor invalid and unlawful.