Categories of Law

Question 1

Common Law

Answer 1

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

Question 2

Civil law

Answer 2

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.

Question 3

Statutes

Answer 3

Created by legislatures in their areas of jurisdiction. Concerning public/private law in Canada

Question 4

Regulations

Answer 4

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

Question 5

Royal Prerogative

Answer 5

discretionary power of the crown to authorize certain things- issue a passport, start war, etc. Can be diminished if though legislation- not strictly constitutional

Question 6

Which has greater power- constitution, legislature, common law, or royal prerogative?

Answer 6

The constitution

Question 7

International law

Answer 7

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

Question 8

Conventional rules

Answer 8

Not written down, but considered rules from a pattern of state action / practice overtime. Binding and recognized universally BUT not enforced by the courts.

Question 9

Treaties

Answer 9

MUST be negotiated and ratified. Legislation must recognize obligations of the treaty and incorporate it into domestic law. BINDING once ratified

Question 10

Substantive vs. Procedural rules

Answer 10

Substantive: rights, duties, and prohibitions. Procedural: how substantive law is enforced and changed

Question 11

Public law

Answer 11

Law that governs relationship between the individual and the state - governs the state as a sovereign entity.

Question 12

Private law

Answer 12

Governs relationships between individuals and groups in society

Question 13

Contract law

Answer 13

Regulates the rights and obligations of contracting parties in a legal body/contract, which serves as a legally enforcing agreement

Question 14

Family law

Answer 14

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

Question 15

Tort law

Answer 15

A private or civil wrong dealing with the right to sue by means of legal liability

Question 16

Property law

Answer 16

Governs the various forms of ownership in property (both land and personal property), including legally protected claims to property

Question 17

Fiduciary law

Answer 17

One party agrees to act in the best interest of another individual- this person is a fiduciary. Ex, a lawyer and their client

Question 18

Criminal law

Answer 18

State prohibits certain activity in the interest of public order and safety. Deploying public institutions to enforce the law and punish offenders

Question 19

Constitutional law

Answer 19

Defines the roles and powers of the three entities in our state: executive, legislature, and judiciary

Question 20

Administrative law

Answer 20

Governs the activities of the executive (in Canada: federal government) and their responsibilities. Includes rule-making and law enforcement

Question 21

Unwritten constitutional principles

Answer 21

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

Question 22

Diplomatic traditions vs. treaty relations in Aboriginal law

Answer 22

Diplomatic: negotiate shared land use when indigenous nations overlap. Treaty: agreements between indigenous people and settlers