chapter 1 PP Flashcards
What is the Definition of Law?
A system of rules and regulations that govern a community and enforced by a political authority and its legal system
Origins of Law
Specialization of skills over time
–> forced greater interaction and dependency between people
This greater interaction required rules and regulations to maintain order within a community by providing Security of each member and Certainty for future planning
early homogenous communities needed simple or complicated laws?
simple laws
why did laws become more complex over time?
Population increased
Technological advances
Immigration patterns
Role of Law in Society Today
Ensure Security
Enforces Standards of Conduct
Maintains Status Quo
Who Decides the Law
The community through custom and tradition
An elder or the “wisest” man of the community
A ruler and conqueror of lands
Through democracy
Why Doesn’t Law Always Equal Justice?
The law is written
–> Difficult to deter from and rigid (objective)
Enforced by judges
–> Judge has discretion in how a law is applied (subjective)
Laws are decided upon by a majority
–> Can’t always answer the needs of all, especially the minority
How Do We Define Ethics?
A set of principles or moral values of a society, distinguishing right from wrong
How Do Ethics Plays a Balancing Role to Law?
Law is founded in moral values, so need ethics to apply
Law not always clear, so use ethics to develop
Law may not exist to address new issues, so ethics must mold
When Does An Ethical Value Becomes Law ?
It gains a large consensus amongst the population
It addresses an issue considered a serious threat to the well being of the community
Private Law
Rules that regulate the legal relationship between individual citizens
Contract law
Employment law
Commercial law
Property law
Public Law
Rules that govern the relationship between citizens and their state
attempt to regulate behaviour that affects the entire community
–> impose strict punishment on those breaking these alws
Criminal law
Tax law
Highway law
Bankruptcy law
Civil Law
Legislative authority to make law
law is based on general principles and largely decided upon by governing officials
governing officials codify the laws
Courts simply apply the law
Emphasizes legislative supremacy
like in France
Common Law
Basis for law is grounded in the principle of precedence and case law or jurisprudence
–> has to take into account past judgements of similar nature to apply similar judgement
emphasizes judge made law
England
Substantive Law?
The law where we can find the “substance” of our rights
ex: the Civil Code of Quebec
–> does not tell us how to exercises our rights
Adjectival Law?
The procedures to protect substantive law
The Quebec Code of Civil Procedure
–> tells us how to exercise our rights
Why Sue?
Somebody owes you money or an obligation and refuses to perform
what is involved when suing someone?
Start legal proceedings
Convince a judge
Who are the Parties when suing someone?
Before lawsuit is filed: creditors and debtors
–> former has a claim against the latter
Inside court proceedings: plaintiff and defendant
Where do You Sue when suing someone?
The Court of the place where:
- the defendant lives
- the defendant has property
- the cause took place
- the contract was finalized
- the property in dispute is situated
When Can You Sue when suing someone?
From the moment we become aware
This right is limited in time
–> most cases three years max
3 Elements Make Up a Legal System
- The legislative mechanism (structure)
–> how laws are adopted
- Laws (sources of law)
–> The rules of behaviour imposed or accepted by society
- Administration and enforcement of laws
–> A system to impose punishment for breaking a law
Contract law
deals with the legal relationship in matters such as leases and employment
Commercial law
explains how to set up an enterprise and to provide goods and services
Property law
helps us settle boundary differences with our neighbors
civil liability law
determines the consequences of an individual’s negligence
the words innocent and guilty are reserved for what?
when discussing criminal proceedings
why is the canadian legal system a combination of civil and common law?
the french pulled up with civil law
the english then pulled up with common law
class action suit
when multiple creditors that are not associated wish to undertake legal proceedings against a common debtor together
creditor
person that claims to be owed money
debtor
a person who owes money, services, or goods to someone
plaintiff
a creditor who takes legal action against a debtor who owes him or her money, services, or goods
defendant
debtor who is sued by a plantiff
prescrpition
the legal method which the civil law establishes for a person to acquire or to lose rights by the mere lapse of time
