Chapt 1 Flashcards
1.1 What is law ?
- set of rules & principle that govern a society
- Promotes goals of peace, order, and good governance
- laws are written - if not might be applied unfairly
- adopted by lawmakers (gov)
1.2 explain the law of the land ?
collection of rules to all the ppl in the community which results in peace & security.
1.2 who decides about the law ?
depends on the society (democracry, dictatorship,etc.)
1.3 What’s justice ?
the process of applying the law.
1.4 what’s ethics ?
set of principles or moral value of a society that distinguish the right from wrong. (legal but unethical is possible)
1.5 explain public vs private law (3)
- private is between 2 individuals (leases,employment,etc.) public is citizen & their state (gov)
- in private law you’re sued in public you’re charged.
- private law = compensation
- public law = punishment
1.5 explain civil vs common law
- civil : deals with matters under the Quebec provincial jurisdiction
- civil : All general principles of law are collected and codified into one rule book referred to as the Civil Code (first rule and second jurisprudence)
- common: court decision has to take into account previous cases. same across all canada (p.8)
1.6 substantive vs adjectival law
- substantive law : sets out the specific rights and responsibilities that persons are bound by (i.e. the Civil Code)
- adjectival law : : sets out rules on how substantive law should be applied
1.7 explain the 4 who ?
- creditor : person who claimed to be owed by someone
- debtor: person who owes
- plaintiff : a creditor who takes legal action against a debtor
- defendant: a debtor who is sued by a plaintiff
what’s a prescriptions?
It’s a legal method for a person to acquire or lose rights by the mere lapse of times. (land acquisition, right to sued,etc.)
what’S a class action lawsuit?
when many plaintiffs have a similar claim against a common defendant, the proof of one person’s claims will be enough to prove damages suffered by all plaintiffs
