Chapter 1 Flashcards
What is the definition of law?
Set of rules and guidelines by which a society has come to accept as a way of living and conducting itself. The governing body of a society then applies and enforces those rules and guidelines.
Rules of behavior in force in a
particular society which result in peace within the group, security from wrongdoing, and order which result in predictable outcomes.
What’s the role of law in society?
- Secures us from wrongdoing by ensuring that wrongdoers are punished or pay for their wrongful acts;
- Imposes standards of conduct (that which can be done and that which cannot be done)
- Standards provide predictability and stability to the community.
- Maintains status quo meaning the law remains in force until changed by lawmaking authority.
- Enable people to exercise their rights.
Who decides law?
Depends of the type of society we live in. (democracy, dictatorships, etc…)
What is the difference between law and justice?
Law is written ink on paper, has no emotion no feeling and only conveys the legal standards of behavior required of us.
Justice occurs when a judge interprets, applies and enforces the law and adds humanity to the cold equation of the law.
What’s the difference between law and ethics?
Something can be legal but unethical.
Canadian company manufacturing in developing country to take advantage of cheap labour.
What is private and public law?
Private law: consists of the rules that regulate the legal relationship and obligations between individual citizens.
Public law: governs the relationship between citizens and their state, nation or country.
Give me some examples of public law?
- Criminal Code of Canada
- Tax Legislation
- Bankruptcy Law
- Quebec Highway Safety Law
What are the difference in terms for private vs public?
Private: charged, innocent, guilty
Public: sued, responsible, not responsible
What is Civil vs Common law?
The main difference is who decides the law.
In civil law, governing officials decide the law which are then codified into a systematic organization of statues. Each judgment has to be based on the letter of the law and does not take into account any previous judgments. Emphasizes legislative supremacy.
In common law, based on the principle of precedence and case law (jurisprudence). Every decision has to take into account passed judgements. Emphasizes judge made law.
What parts of the Canadian legal system are civil or common law?
Public law: common law across the country
Private law: civil law system of Quebec and common law in all other provinces
What is substantive vs adjectival law?
Substantive: the rules of the law, where we find substance and it is in the Civil Code.
Adjective: the procedure of how to exercise our rights found in the Quebec Code of civil Procedure.
What are the 4 Ws?
- What and why?
- Who?
- Where?
- When?
Explain the What and Why?
Suing mean to bring action against another before an independent and impartial decision-maker (generally a judge)
The person suing is claiming that an obligation is owed while the person being sue is claiming not to owe the obligation.
Explain the Who?
Creditors vs Debtors
Plaintiffs vs Defendants
Appellants vs Respondents
Creditor: A person who claims to be owed money
Debtor: A person who owes money
Plaintiff: A creditor who takes legal action against debtor
Defendant: A debtor who is sued by a plaintiff
Appellant: Party appealing a decision
Respondent: Party responding to the appeal
What is a class action lawsuit?
When multiple creditors who aren’t associated sue a common debtor together.
