Chapter 1: Introduction to Legal System Flashcards
Understanding the Legal System
What is Law
A rule made by a body of elected representatives, the delegates of the representatives or by the court using procedures prescribed by law.
3 Different types of Rights
- Unconditional rights
- Conditional Rights
- Conditionally Maintained
3 branches of Government and purpose
- Legislative- Make laws
- Executive- Apply laws
- Judicial- Decide laws
3 levels of government and sources of authority
- Federal- Consitution
- Provincial- Federal
- Municipal- Provincial
Legislative branch
Federal- Parliament
Provincial- Legislature
Municipal- City Council
Common-Law Vs Statute Law
Common-Law is: laws made by courts
Statute Law is: Laws passed by the legislative branch and regulations made by executive branch
Public Law vs Private Law
Public law: the law between government and individuals.
Private Law: the law between individuals and private orgs.
-Can also be with gov’t if gov’t is acting as private entity
Statutes vs Subordinate legislation
Statutes: Legislation passed by legislative branch
Subordinate legislation: Explanation of statutes
Substantive law vs Procedural law
Substantive law: the rights and obligations of a party
Procedural Law: The conditions for determining and enforcing the parties rights and obligations
Administrative Law purpose
To ensure that admin agencies, boards and commissions are within authority and make proper decision