Chp 1: Intro to Law Flashcards
What is Law?
A system of principles and rules of human conduct, being the aggregate of those commandments and principles which are either prescribed or recognized by the governing power in an organized jural society as its will in relation to the conduct of the members of such a society, and which it undertakes to maintain and sanction and use as the criteria of the actions of such members.
A set of rules and guidelines by which a society has come to accept as a way of living and conducting itself.
Codification of the Law
Collection in a written form
The Role of Law
- Security
- Peace-keeping function
- Provides punishment
- Enables compensation
- Establishes and enforces standards of conduct
- Maintains the status quo
- Contains the mechanism by which existing laws can be changed or replaced
- Enable people to exercise their right to express themselves as individuals
- Duties and responsibilities a person has toward other members of the community
Private Law
Rules that regulate the legal relationship and obligations between individual citizens
Types of Private Law
- Contract Law: legal relationship in matters such as leases and employment
- Commercial Law: how to set up an enterprise and to provide goods and services
- Property Law: helps to settle boundary disputes with neighbours
- Civil Liability Law: determines consequences of an individual’s negligence
Public Law
Governs the relationship between citizens and their state/nation/country. Ex. Criminal Law, Taxation Law, Highway Law, etc.
Terms used in Private Law
Person is sued for not paying a debt or fulfilling an obligation. The person may be found responsible or not responsible (not guilty or innocent; which is reserved for criminal law)
Civil Law
Fundamental basis for law resides in legislation. Codified into a systematic organization of statutes. Emphasizes legislative supremacy; decisions are based solely on the letter of the law.
Common Law
Basis for law is grounded in the principle of precedence and case law, or jurisprudence. Takes into account past judgements. Emphasizes judge made law.
Canadian Legal System
Common law is used in the case of public law. Private law in Quebec uses civil law, and all other provinces use common law.
Substantive Law
The rules of law that explain these are contained in the Civil Code. Its the substance of our rights; shows us what rights we have.
Adjectival Law
Tells us how to exercise our rights. Found in the Quebec Code of Civil Procedure. The procedures enabling us to obtain what is rightfully ours under the substantive law
Creditor vs. Debtor
Creditor: Person who claims to be owed money, services, or goods by someone.
Debtor: Person who owes money, services, or goods to someone.
Terms used outside of court proceedings.
Plaintiff vs. Defendant
Plaintiff: Creditor who takes legal action against a debtor who owes them something.
Defendant: A debtor who is sued by the plaintiff.
Terms used in court proceedings.
Class Action Lawsuit
Multiple unassociated creditors undertaking legal proceedings against a common debtor together. Must request permission from the court.
