Chapter Two Flashcards
Fundamentals of Law
Define “Law”
An enforceable body of rules that govern a society
What are the two sources of Law in Saskatchewan
Statute Law
Common Law
What is “common law”
Law that is developed through the court decisions over time, based on customs and previous rulings
What is “statute law”
It is law that is created by Government bodies like Federal Parliament, Provincial Legislature, or municipal council, in the form of legislation and bylaws
What is Stare Decisis
It is a Latin phrase that means “let the former decision stand”. It’s a legal principle where courts follow previous decisions on similar issues, providing consistency and predictability in the law.
What does the principle Stare Decisis entail
To abide by prior decisions and not to disturb the doctrine of the courts that, when the court has once laid down a principle of law applicable to a certain state of facts, it will adhere to that principle, and apply it to all future cases where the facts are substantially the same, regardless of whether the parties and property are the same.
The phrase “Let the former decision stand” translates to _________________
Stare Decisis
The first step in filing an appeal from the Small Claims Court is to __________.
Appear before a judge to argue that there are legal or factual errors in the trial judge’s order
What is the law that deals with disputes between two or more individuals referred to as?
Private law
Execution can be described as __________.
The process of commencing proceedings to collect an amount owing by reason of judgment
The system of law made up of principles and rules of action, based upon the ancient customs and usages of the people of a nation which have been recognized, affirmed, or enforced by the courts is referred to as the ___________.
common law
In the common law, the term “equity” is best described as ____________.
the concept of justice being administered by the Courts according to fairness, as contrasted with the strictly formulated rules of common law. In law, the term “equity” denotes the spirit and habit of fairness, justice, and right dealing which would regulate interaction of person with person.
What is the law that regulates disputes between individuals and the state referred to as?
Public law
When a court orders that the terms of the contract be carried out by the parties, rather than granting damages, it is referred to as ________.
specific performance
In the context of public law, the term “public” may refer to what three scenarios?
(1) General, applying to all persons within the jurisdiction;
(2) local, applying to a geographical area;
(3) special, relating to an organization or authority charged with a public interest.
