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Law > 1.1, 1.2, 1.3 > Flashcards

1.1, 1.2, 1.3 Flashcards

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1
Q

1.1 What is law?

A

-Laws reflect the values and beliefs of a society. As society’s values change, so do it’s laws.

  • laws define what is important to a society, they are unique to their societies culture and history
  • laws affect everyone, you can not opt out of laws
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2
Q

1.1 Why do we have laws?

A
  • without laws we could be living in a state of anarchy
  • we needs laws to keep the peace because of inevitable conflict
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3
Q

1.1 laws vs rules (similarities)

A

Similarities - maintain order, settle disagreements, make decisions, encourage debate/discussion

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4
Q

1.1 laws vs rules (differences in laws)

A
  • apply to everyone in society
  • no opting out
  • they have a procedure to making them
  • breaking law warrants harsh punishment
  • no excuse for not knowing law
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5
Q

1.1 laws vs rules (differences in rules)

A
  • apply only to activities you agree to participate in
  • can opt out
  • varies from group to group
  • can develop naturally without specific method
  • breaking rules does not involve harsh punishments
  • rules can change easily
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6
Q

1.1 Factors that can cause laws to change

A
  • change in social values
  • change in demographics
  • change in social priorities
  • technological impact
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7
Q

1.2 Why do we need laws? Provide 1 example for each reason

A
  1. Embody goals and values (democracy)
  2. Protect people, property, and rights (forbid murder and assault)
  3. Act as a mechanism for resolving disputes (civil court)
  4. Provide order by providing predictability and stability in our lives (Family law)
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8
Q

1.3 categories of law

A
  • constitutional (top of triangle)
  • statute law (middle of triangle)
  • common law (bottom of triangle)
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9
Q

1.3 what is constitutional, statute and common law?

A

Constitutional law outlines the structure and powers of the government both federal and provincial (overrides all laws)

Statute law is the laws or acts passed by the government

Common law relates to decisions made by judges in previous cases

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10
Q

1.3 wha 2 laws are highly influenced by judges decision?

A

Constitutional law and common law

Statute law is government made law, stays consistent with the Charter

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11
Q

1.3 what is substantive law?

A
  • all laws that list the rights and obligations of each person in society
  • example: Canadians can own property therefore have the right to expel trespassers
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12
Q

1.3 what is procedural law?

A

The steps involved in protecting the rights given under substantive law

  • example: woodlot owner discovers ppl camping on her property and can therefore take steps to stop trespassers
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13
Q

1.3 what is public law and what subsections are within public law?

A
  • controls the relationships between governments and the ppl who live in society

Presides over:
- criminal law
- constitutional law
- administrative law

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14
Q

1.3 What is private law and what subsections are within private law?

A
  • outlines the legal relationship between private citizens, and between citizens and organizations
  • to manage the behaviours or persons and organizations in conflict with eachother
  • both parties are represented by lawyers

Presides over:
- family law
- contract law
- tort law
- property law
- labour law

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15
Q

1.3 what is criminal law?

A
  • law to punish the offender and protect society and it’s members
  • must be proven beyond a reasonable doubt that the defendant is guilty
  • passed by parliament
  • sets penalties
  • complies with criminal code
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16
Q

1.3 what is administrative law?

A
  • areas of law that controls the relationship between citizens and government agencies

Key: controls and monitors government agencies

17
Q

1.3 what is family law?

A
  • deals with spouses, parents and children
18
Q

1.3 what is contract law?

A
  • outlines the requirements for legally binding agreements
  • breach of this contract warrants action on the injured party
19
Q

1.3 what is tort law?

A

-deals with wrongs that one person commits against another

  • not associated with breach of contract
20
Q

1.3 what is property law?

A
  • anything that has cash value
  • set of legal rules that control the use, enjoyment, and rental of property
21
Q

1.3 what is labour law?

A
  • governs the relationship between employers and employees
  • minimum wage, pay equity, proper dismissal, working conditions and workers compensation
22
Q

1.3 divisions of law (in order)

A

1 —-> procedural law, substantive law

2 —-> (branches off of substantive law): public law, private law

3 —-> (branches off public law): criminal law, constitutional law, administrative law

3 —-> (branches of private law): family law, tort law, contract law, labour law, property law

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