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Check Your Knowledge 1. Explain precedent.Why is it important in Canadian law? 2. Explain rule of law. Why is it important in Canadian law? 3. Explain the difference between criminal law and civil law. 4. What is one of the most important functions of Parliament?

Question

Check Your Knowledge
1. Explain precedent.Why is it important in
Canadian law?
2. Explain rule of law. Why is it important in
Canadian law?
3. Explain the difference between criminal law
and civil law.
4. What is one of the most important functions
of Parliament?

Check Your Knowledge 1. Explain precedent.Why is it important in Canadian law? 2. Explain rule of law. Why is it important in Canadian law? 3. Explain the difference between criminal law and civil law. 4. What is one of the most important functions of Parliament?

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JocastaMaster · Tutor for 5 years

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<p><br />1. A precedent is a judicial decision that serves as an example or rule to be followed in future, similar cases. Precedents are important in Canadian law because they contribute to the consistency, predictability, and neutrality of the legal system.<br />2. Rule of law refers to the principle that nobody is beyond the law and that every person, no matter how powerful, must follow the laws of the land. It is fundamental for the maintenance of fairness, equality and justice in Canadian society.<br />3. The difference between criminal law and civil law lies in the nature of the offense, practices in court procedures, types of damage incurred and the types of punishments. Criminal law deals with offenses that harm society, the state brings charges thus and punishment can be imprisonment; while in civil law, a private party fires a lawsuit for personal or property wrong, and typically, a remedy for the damage is monetary.<br />4. One of the most important functions of Parliament is making legislation.<br /></p>

Explain

<p> <br />1. Precedent refers to a legal principle, made by a higher court, that the lower court must follow when deciding future similar cases. The importance of precedent in Canadian law comes from the practice of stare decisis (let the decision stand), and it promotes predictability, fairness, and judicial economy.<br />2. Rule of Law is a principle under which all persons, institutions, and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced, and independently adjudicated. Interpreted as no one being above the law, it's significant as it forms the foundation of a democratic society regulating government power.<br />3. Criminal and Civil law differ in several aspects - first and foremost, Perkins presents itself in the matter of Public (Criminal) vs Private (Civil), punishment can be imprisonment in criminal where it tends to be monetary in civil. Moreover, in a civil case the plaintiff can lose by failing to prepare their case to establish their claim, whereas a criminal defendant is assumed to be innocent until their death.<br />4. One of the most important functions of Parliament is to enact laws. But Parliament also has a role in debating national issues, scrutinizing government action, passing a national budget, and other key roles.<br /></p>
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