Chapter 1 - Intro to Law Flashcards
Objective: Memorize
What is Law?
Black’s definition:
A system of rules and regulations that govern a community and that is enfored by a political authority and its legal system.
What has come to be accepted as a certain way to live.
What is the origin of law?
The specialization of skills over time forcing greater interaction and dependency, leading to increased disputes.
Order was placed to ensure
(1) SECURITY OF EACH MEMBER
(2) CERTAINTY IN FUTURE PLAPNNING (contracts, mortgages)
How were the laws originally made?
Different rules were made in different communities that would be
- Passed down by WOM, traditions or customs
- Written down and more widely known. For example: CODE OF HAMMURABI - written law on stone collums and introduced the concept of accountability - the law is public.
How did law evolve?
At first, law was simple due to homogeneous groups, but as population increased, technology advanced (transport and communication) and complex immigration patterns emerged, law making became more complex to ensure security and certainty.
- Law is reactionary: something happens, a law is made.
- as people from different cultures started living together, conflict occured.
What is the role of the law in today’s society?
- law ensures security
- law enforces standards of conduct
- law maintains status quo
People don’t break the law because its the right thing to do.
Ultimately, law enables […]
Law enables the right to express freedom. You can use your rights as freely as possible so long as it dosn’t interfere with the rights of others
AKA and abuse of rights
Who decides the law?
- communities as a whole through customs or usage
- communities selecting 1 person/group of people as the wisest and accepting their laws (democracy)
Does Law Equate to Justice?
NO!
- Law is written and holds no emotion. It is objective.
- Law is enforced by judges who are humans. They apply it subjectively.
- Law is decided by majority and will not answer to all equally
The words of the law are clear. The judge applies the law and we seek justice in how it is applied. Each case will yield different results because each is different and the way the law is applied will be different by different judges.
What is ethics?
Ethis is a set of values society uses to distingues right from wrong.
- law will reflect these values, but may alsoc conflict with them
- EX: assisted death use to be illegal.
Ethically it is right, Legally, it is not.
How do ethics and law coincide?
- Law is founded in moral values, and thus, ethics is needed to apply the law.
- Laws may be unclear, thus you use ethics to develop it
- A law may noit exist to adress a ne issue, so ethics must hold.
When does an ethical value become law?
- It gains a large concensus amongst the population
- It addresses an issue considered a serious threat to the well being of the community
What are the domains of law?
- Private Law
- Public Law
- Civil Law
- Common Law
What is Private Law?
Rules that regulate the legal relationship between individual citizens.
- Contract Law
- Commercial Law
- Property Law
- Civil Liability Law
In private law, you are “Responsable” or “Not Responsable” in a “Lawsuite”
What is Public Law?
Rules that regulate the legal relationship between citizens and the state. It attemots to regulate the behaviour that effects an entire community (make an example).
- Criminal law
- Tax law
- Highway law
- Bankruptcy law
In public law you are “innocent” or “guilty” of a “charge”
Civil law vs Common law
Countries will either follow civil law, common law, or a combination of both. The main difference between th e two is who decides.
What is Civil Law?
Civil = Legislation!
The law is decided by the government.
They codify each laws into statutes within their respective subject.
- these codes (private or public) are applied by the courts
- each court decision must be based on law
- Came from France
(louisiana is only other plance, other than QUE with a civil law system)
What is Common Law?
The basis of law is grounded in PRECEDENCE and case law or JURISPENDECE
It is Judge made law - each court will take into accout past judgements of similar nature
- is there is minimal precedence, the judge’s ruling may make a new law
- there is legislative power only for very specific topics
- came from england.
What type of law do we have in Canada?
We have a combination of both
- Common law is used for Public law
- Private law is shown by Civil law in Quebec anc Common law elsewhere.
What is Substantive law?
The law where we find the substance of our rights such as the Civil Code of Quebec.
“what rights do we have?”
What is Adjectival law?
The procedures that enable us to obtain what is rightfully ours such as the Quebec Code of Civil Procedure
“how do we execute our rights?”
What to sue & Why Sue?
Why: because someone owes you money or owes an obligation they refuse to perform. We sue because weve been damaged.
- To win we must prove we’ve been damaged.
What is involved: Begins with an exchange of docs between parties explaining why a PMT is demanded, before making a court appearance.
- In court you must prove you are more right than the other. this is the BALANCE OR PROBABILITIES - your arguments are more believable.
Who are the parties?
Outside of court, you are reffered to as
- Creditor (suer)
- Debtor (ower)
In court, you are referred to as
- Plaintiff (suer)
- Defendant (ower)
In a class action lawsuit, there are multiple unassociated creditors taking action against 1 defendant.
When can you sue?
From the moment you become aware! Your right is limited in time and starts when you become aware.
AKA prescription! The legal method with which civil law established a lapse of time where you can sue before your rights expire.
What are the three elements that make up our legal system?
- Structure & Legislature: how laws are made
- Sources of Law: rule of behavior imposed & accepted by society
- Administration: Law enforcementthat imposes punishement for breaking the law.
