Chapter 2 Flashcards
Public law
Dealing with government actions Subcategories □ Criminal law □ Constitutional law □ taxation
Private Law
Dealing with non government relationships Subcategories □ Contracts □ Torts □ Property law
Laws are divided into two categories
Substantive law
The rules that define the acceptable conduct or right and duties of each person
- Ex: right to own property, to vote, to enter into contracts, and to sell or give away property
- What the law it
○ Procedural law
§ Rules that deal with how the rights and duties may be protected and enforced
§ How the law is enforced
Who makes law
- Courts though case decisions
2. The government through legislation
CIVIL LAW
-System of law involving a legislated code derived from Roman law that developed in continental Europe and greatly influenced by Code Napoleon
□ Requires that all law be collected into a consolidated body of legislation known as the civil code
□ Civil code is far more important than any case decision and code is always referred to when settling a dispute
□ Free to use judgement if not related to code
-used in Quebec
COMMON LAW
§ Case-based system for law from England and in most of the English speaking world
§ In Canada US and Australia
§ Favours case law (the recorded reasons given by courts)