Chapter 2 Flashcards

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1
Q

Public law

A
Dealing with government actions
        Subcategories
		□ Criminal law
		□ Constitutional law
		□ taxation
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2
Q

Private Law

A
Dealing with non government relationships
     Subcategories
 		□ Contracts
		□ Torts
		□ Property law
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3
Q

Laws are divided into two categories

A

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

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4
Q

Who makes law

A
  1. Courts though case decisions

2. The government through legislation

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5
Q

CIVIL LAW

A

-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

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6
Q

COMMON LAW

A

§ 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)

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