Chapter 2

Question 1

Define substantive law.

Answer 1

• the rights and duties that each person has in society
  ex) right to own property, to vote, to enter into contracts, to sell/give away property
  ex) duty to avoid injuring others, perform contractual obligations
• substantive law is “what” the law is

Question 2

Define procedural law.

Answer 2

• rules that deal with how substantive rights and duties may be enforced
• procedural law deal with “how” the law is enforced

Question 3

Define civil law.

Answer 3

• the system of law involving a comprehensive legislated code
• derived from Roman law that developed in continental Europe and greatly influences by the Code Napoleon of 1804

Question 4

Define Roman law.

Answer 4

• the system of law codified by Eastern Roman Emperor Justinian in the 6th centuty

Question 5

Define Common law.

Answer 5

• case-based system of law
• originated in England
• covers most of the English-speaking world
• based on the recorded reasons given by courts for their decisions

Question 6

Define stare decisis.

Answer 6

• to stand by a previous decision
• defines theory of precedent
• it means decisions of higher courts must be followed by lower courts most of the time

Question 7

Define distinguish.

Answer 7

• identify a factual difference that renders a precedent inapplicable to the case before the court

Question 8

Define overrule.

Answer 8

• declare an existing precedent no longer binding or effective

Question 9

Define arbitration.

Answer 9

• a form of alternative dispute resolution (ADR) where a dispute is referred to an arbitrator who adjudicates the matter and the parties agree to be bound by the arbitrator’s decision
• although there mat be a right to appeal to the courts

Question 10

Define adjudicate.

Answer 10

• hear parties and deliver a decision with reasons

Question 11

Define mediation.

Answer 11

• a form of ADR where a neutral 3rd party who is acceptable to both sides, acts as a mediator, assisting the parties to reach a settlement

Question 12

What are the 2 basic law categories in Canada?

Answer 12

1) public law (gov)
- constitutional law
- criminal law
- taxation

2) private law
- contracts
- torts
- property law

• business law incorporates both public and private law

Question 13

What is common law’s two primary goals?

Answer 13

1) consistency
2) predictability
- allows for fairness and ensures similar cases will be treated alike

Question 14

What limits come along with the stare decisis rule?

Answer 14

1) although judges can be influenced by prior decisions, they are only bound to follow decisions of a higher level court
2) precedents are binding only where the circumstances are exactly the same