Ch 6 Flashcards
Law
Described as the expressed will of society, governing relationships among members of that society.
Two most basic categories of law
Substantive law and procedural law.
Substantive Law
Consists of the rights and duties that each person has in society.
Rights
Ex. To vote, to own property, to enter into contracts
Duties
To obey laws passed by the government, to perform contractual obligations, to refrain from injuring others.
Procedural law
Concerned with the methods or means of protecting and enforcing these rights and duties.
Substantive rules
Are divided into the fields of public law and private law.
Public law
Concerned with the conduct of government and its relations with private persons (including corporations, unions and associations). It is divided into several categories such as constitutional law, criminal law and administrative law.
Constitutional law
Deals with issues relating to the constitution
Criminal Law
Includes any legal action carried forward by the government, such as a criminal offence that is punishable by the imposition of a fine, imprisonment or probation. Citizens of all provinces are subject to criminal law as set out in the Criminal Code of Canada.
Administrative Law
Deals with the law itself. Legislation in the form of statutes is necessary, from time to time, to change existing laws. It’s also necessary to authorize the government itself to carry on a program.
Private Law
Law as it applies to individuals and or legal entities. Often, private law is referred to as civil law.
Civil Law Action
In damages, an injured party suede the party who allegedly caused his or her suffering or loss. Courts attempt to right the wrong by having the tort-feasor compensate his or her victim.
Common Law
System of law found in all provinces except Quebec. Originated and developed over many centuries in England. Influenced by Canon (Church) law and Roman law.
Common law is unwritten law that is based on the rule of precedent.
Precedent
A system of well defined rules and principles developed from decisions reached in previous similar court cases.
Case Law
A court, when trying a case, looks to prior cases with similar facts and is then bound to follow the decisions made in those cases by courts of equal or higher authority.
Precedent
Legal decision serving as an authoritative rule in future similar cases.
Judge Made Law
When no previous case can be found with same or similar circumstances, a judge will make a decision based on all available facts, and a precedent will be set. Future judges will base their decisions on it in similar circumstances unless it is subsequently appealed and set aside by a higher court because of some error or flaw in judgement.
Civil Code of Quebec
Classified and written down. In quebec, private law has been codified (classified and written down) in a series of articles (specific rules) within the Civil Code of Quebec. The Civil Code of Quebec was enacted by the Quebec National Assembly and fulfils needs unique to Quebec.
Statute Law Purpose
- To provide for government regulation and control of activities of the citizen where such control is considered to be in the public interest.
- To clarify and codify existing law and bring it together in one document.
- To change existing law when it no longer serves the community adequately.
Statute overrides…
All common law dealing with the same point. Statutes cannot override any rule within the Civil Code of Quebec. They do, however, amplify and interpret the rules that make up the Civil Code.
Definition of Statue
An act of the legislature declaring, commanding or prohibiting something.
Codified law
Is a statute law that is classified and arranged in a systematic collection or code. It is written law.
Common Law Provinces: The provincial court system is composed mainly of :
- Supreme or superior courts
- County or district courts
- Provincial courts
The Federal Court System is composed mainly of:
- The supreme Court of Canada
2. The federal court of Canada.
The Supreme Court of Canada
Is the final court of appeal from the appeal divisions of the provincial supreme courts and the federal court of appeal.
The Federal Court of Canada
Handles matters that fall under federal jurisdiction (ex. Cases against the Crown, admiralty cases, patents, trademarks, copyright). It has two divisions: Trial Division and Federal Court of Appeal.
Laws Affecting Insurance:
- The general Law of contract
- The law pertaining to insurance contracts
- The law governing the operation of the insurance business
- The law of principal and agent
“Insurance is most concerned with civil law which refers to laws that govern the relations between private individuals or groups of such individuals. This law is based on the fact that all individuals in society have obligations toward their fellow citizens.”
Tort
Is a civil wrong, other than a breach of contract, for which the court will provide a remedy in the form of an action for damages.
Obligations toward fellow citizens:
- Those imposed by society - Tort
2. Those assumed voluntarily - contract.
