Chapter 2 Flashcards
Substantive law
Governs rights and obligations.
Procedural law
Determines enforcement of rights…
Civil law:
A system of law based primarily on a legislative code. Founded on mostly Roman law and is used in Quebec’s legal system.
Common law:
A primarily case-based decision of law originating in England.
Stare decisis:
To stand by a previous decision; the theory of precedent.
What are the limits of ‘stare decisis’?
i) Judges are bound to decisions made by higher courts
ii) Precedents only bind the exact same circumstances.
Overrule:
Declaring an existing precedent non-binding or invalid.
What are the dangers in overruling too often?:
It undermines consistency and predictability in law.
To distinguish:
Identifying a fact that renders a precedent as being inapplicable to a case.
Codify:
Summarizing established common law rules in a statute.
Name the three reasons why statutes are codified, instead of the law being changed.
- 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
Interpretation Act
A “fair, liberal and large” interpretation of statutes.
Interpretation Act
A “fair, liberal and large” interpretation of statutes.
Canon law
Law created by the church; used in family law and wills.
Feudal law:
Land ownership system where lords divided land among lesser “royals” in exchange for loyalty and military service.
Merchant law:
Rules used by merchants in medieval guilds.
Courts of chancery; principles of equity.
Appeal courts run by a king’s chancellors and vice-chancellors that developed exceptions to common law rules known as principles of equity.
Equitable remedies:
Remedies created by courts of equity where money cannot solve the problem.
Specific performance (pg 291):
Requiring a contracted-for act to be done.
Equity provides a ___ to the law.
“conscience”
Describe the pecking order of courts.
Trial court –> Court of Appeal –> Final Court of Appeal (Supreme Court)
Who is allowed (have standing) to sue (provided they have a direct interest in the matter)?
Most people or entities (living citizens have most freedom to) except for an unincorporated collectivity.
Unincorporated collectivity
Group of persons not recognized by courts and cannot sue or be sued e.g. church, political party, etc.
Plaintiff:
Party that starts a legal action.
