Chapter 6 Flashcards
Define law.
- in general terms, can be described as the expressed will of soceity governing relationships among members of that society.
What are the 2 most basic types of law?
1) substantive law
- consists of the rights and duties each person has in society
ex of rights) voting, owning property, entering into contracts
ex of duties) obey laws, perform contractual obligations, refrain from injuing others
2) procedural law
- is concerned with the methods or means of protecting and enforcing these rights and duties
What are substantive laws divided into?
1) public law
- concerned with the conduct of government and its relation with private persons
- is divided into 3 categories
2) private law
- is the law as it applies to individuals and/or legal entities
- may be referred to as civil law
ex) injured party sues the party who allegedly caused his/her suffering or loss
What categories is public law divided into?
1) constitutional law - deals with issues relating to the constitution
2) criminal law - includes any legal action carried forward by the government, such as criminal offence that is punishable by the imposition of a fine, imprisonment, or probation (as set out in the criminal code of canada)
3) administrative law- dealw ith the law itself
What systems of law exist in Canada?
1) common law
- the system of law found in all provinces except quebec
- originated and developed in england over many centuries
- is the unwritten law based on precedent
- a system of well defined rules and principles developed from decisions reached in previous cases
- this procedure is mandated
2) civil code of quebec
- was enacted in 1865
- when court settles a dispute, the article in the civil code that applies to that situation is ascertained and a decision is made based on it
- this procedure is not mandated
What is case law?
- a court when trying a case, looks at prior cases with similar facts and is then BOUND to follow the decisions made in those cases by courts of equal or higher authority
What is judge made law?
- when no previous case can be found with the same or similar circumstances, a judge will make a decision based on all available facts and a precedent will be set.
Define precedent.
- is a legal decision serving as an authorative rule in future similar cases
What are the purposes of the statutes?
1) to provide government regulation and control of activities of the citizen where such control is considered to be in the public interest
ex) criminal code of canada
2) to clarify and codify existing law and bring it together in one document
ex) sale of goods act
3) to change existing law when it no longer serves the community adequately
ex) changes in speed limits
Define statute.
- is an act of the legislature declaring, commanding, or prohibiting something
- overrides all common law dealing with the same point
Define codified law.
- is statute law that is classified and arranged in a systematic collection or code
- it is written law
When did the constitution act assign 2 levels of government? And what does each level deal with?
- in 1867
Federal government
- foreign policy
- military and naval services
- immigration
- raising money by taxation
- incorporation of businesses with national objects
Provincial government
- property and civil rights
- education
- consumer affairs
- incorporation of companies with provincial objects
- responsible for dealing with laws associated with insurance matters
What is the provincial court system composed of?
1) Supreme or superior courts
i) trial division headed by a chief of justice
ii) appeal division headed by a chief of justice who is also cheif justice of the province
- judges are federally appointed
2) County or district courts
- most provinces have or are going to merge with their superior courts
- judges are federally appointed
3) Provincial courts
- ex) criminal courts, small claims courts, family courts, youth courts
- judges are provincially appointed
What is the federal court system composed?
1) supreme court of canada
- located in ottawa
- highest court of appeal
- consists of chief of justice of the supreme court and 8 Puisne Justices, all federally appointed
- hears criminal and civil cases
- before a case is appealed, they must receive permission from the supreme court to do so
- only agrees to hear cases that reinforce important principles and precedents
- its purpose is to lend uniformity to the law across canada
2) federal court of canada
i) trial division
ii) federal court of appeal
- decisions of the trial division can be appealed in the federal court of appeal
- handles matters that fall under federal jurisdiction
- ex) admiralty cases, patents, trademarks, copyright
What are the certain aspects of law as it relates to insurance?
1) the general law of the contract
2) the law pertaining to insurance contracts
3) the law governing the operation of the insurance business
4) the law of principal and agent
