Categories of Law Flashcards
Common Law
Judges make decisions based on precedent (previous decisions) - considered binding when declared by a higher court. derived from British law- dominant in Canada except Quebec private law. Can be eliminated or changed by legislature
Civil law
Judges interpret the civil code, which can only be modified by legislation (judges cannot change it). Higher-court decisions on interpretation are not binding. Derives from French law, only practiced in Quebec private law.
Statutes
Created by legislatures in their areas of jurisdiction. Concerning public/private law in Canada
Regulations
binding rules created by government agencies, not legislature. they only have this power if the legislature says so and for what reasons. If regulation conforms w/ purpose, it is legally binding. Typically very detailed
Royal Prerogative
discretionary power of the crown to authorize certain things- issue a passport, start war, etc. Can be diminished if though legislation- not strictly constitutional
Which has greater power- constitution, legislature, common law, or royal prerogative?
The constitution
International law
Agreements & ratification- aka signing and validating a treaty, contract, or agreement. In international agreements, ratification itself is not binding and must be incorporated into domestic legislation
Conventional rules
Not written down, but considered rules from a pattern of state action / practice overtime. Binding and recognized universally BUT not enforced by the courts.
Treaties
MUST be negotiated and ratified. Legislation must recognize obligations of the treaty and incorporate it into domestic law. BINDING once ratified
Substantive vs. Procedural rules
Substantive: rights, duties, and prohibitions. Procedural: how substantive law is enforced and changed
Public law
Law that governs relationship between the individual and the state - governs the state as a sovereign entity.
Private law
Governs relationships between individuals and groups in society
Contract law
Regulates the rights and obligations of contracting parties in a legal body/contract, which serves as a legally enforcing agreement
Family law
Subcategory of contract law. Legal agreements between two parties in an intimate relationship- ex marriage/separation contracts. One person promises to do something in exchange for the other’s
Tort law
A private or civil wrong dealing with the right to sue by means of legal liability
Property law
Governs the various forms of ownership in property (both land and personal property), including legally protected claims to property
Fiduciary law
One party agrees to act in the best interest of another individual- this person is a fiduciary. Ex, a lawyer and their client
Criminal law
State prohibits certain activity in the interest of public order and safety. Deploying public institutions to enforce the law and punish offenders
Constitutional law
Defines the roles and powers of the three entities in our state: executive, legislature, and judiciary
Administrative law
Governs the activities of the executive (in Canada: federal government) and their responsibilities. Includes rule-making and law enforcement
Unwritten constitutional principles
Fills in the gaps within the written constitution. Enforced by courts/judges although not formally written down. Four main principles: democracy, federalism, rule of law, and minority rights protection
Diplomatic traditions vs. treaty relations in Aboriginal law
Diplomatic: negotiate shared land use when indigenous nations overlap. Treaty: agreements between indigenous people and settlers
