Chapter 2

Question 1

Substantive law

Answer 1

Governs rights and obligations.

Question 2

Procedural law

Answer 2

Determines enforcement of rights…

Question 3

Civil law:

Answer 3

A system of law based primarily on a legislative code. Founded on mostly Roman law and is used in Quebec’s legal system.

Question 4

Common law:

Answer 4

A primarily case-based decision of law originating in England.

Question 5

Stare decisis:

Answer 5

To stand by a previous decision; the theory of precedent.

Question 6

What are the limits of ‘stare decisis’?

Answer 6

i) Judges are bound to decisions made by higher courts

ii) Precedents only bind the exact same circumstances.

Question 7

Overrule:

Answer 7

Declaring an existing precedent non-binding or invalid.

Question 8

What are the dangers in overruling too often?:

Answer 8

It undermines consistency and predictability in law.

Question 9

To distinguish:

Answer 9

Identifying a fact that renders a precedent as being inapplicable to a case.

Question 10

Codify:

Answer 10

Summarizing established common law rules in a statute.

Question 11

Name the three reasons why statutes are codified, instead of the law being changed.

Answer 11

• Statutes are a good summary of laws and can be used to resolve disputes
• Statues change and clarify the law
• Statutes authorize active gov’t programs

Question 12

Interpretation Act

Answer 12

A “fair, liberal and large” interpretation of statutes.

Question 13

Interpretation Act

Answer 13

A “fair, liberal and large” interpretation of statutes.

Question 14

Canon law

Answer 14

Law created by the church; used in family law and wills.

Question 15

Feudal law:

Answer 15

Land ownership system where lords divided land among lesser “royals” in exchange for loyalty and military service.

Question 16

Merchant law:

Answer 16

Rules used by merchants in medieval guilds.

Question 17

Courts of chancery; principles of equity.

Answer 17

Appeal courts run by a king’s chancellors and vice-chancellors that developed exceptions to common law rules known as principles of equity.

Question 18

Equitable remedies:

Answer 18

Remedies created by courts of equity where money cannot solve the problem.

Question 19

Specific performance (pg 291):

Answer 19

Requiring a contracted-for act to be done.

Question 20

Equity provides a ___ to the law.

Answer 20

“conscience”

Question 21

Describe the pecking order of courts.

Answer 21

Trial court –> Court of Appeal –> Final Court of Appeal (Supreme Court)

Question 22

Who is allowed (have standing) to sue (provided they have a direct interest in the matter)?

Answer 22

Most people or entities (living citizens have most freedom to) except for an unincorporated collectivity.

Question 23

Unincorporated collectivity

Answer 23

Group of persons not recognized by courts and cannot sue or be sued e.g. church, political party, etc.

Question 24

Plaintiff:

Answer 24

Party that starts a legal action.