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Law > Classification of Law > Flashcards

Classification of Law Flashcards

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1
Q

Law may be divided into:

A
  1. International Law
  2. National Law
  3. Substantive and Procedural law
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2
Q

International Law part one (4)

  1. What is int law?
  2. What does is govern?
  3. Based on?
  4. Rules during what?
A
  1. Int. law deals w/ the relations btwn nations in the form of treaties and conventions of the UN
  2. Int. law governs the conduct of ctzns and our gvts and their relationship w/ other foreign gvts
  3. It is based on centuries of custom and accepted usage by the nations of the world.
  4. Lays down international rules of conducting during wars, for belligerent and for neutrals.
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3
Q

International law part two

  1. Based on contracts.. btwn who?
  2. International disputes
A
  1. Much of int. law is based on contracts and treaties btwn countries regarding matters like fishing rights, extradition, use of radio and tv frequencies and air lines
  2. In case of int disputes, nations involve turn to The Hague International Arbitration Court in den Hague, Holland. Parties involved must agree to abide by court’s decision. If not, consequences.
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4
Q

International law part three

-3 ways of solving disputes

A
  1. Diplomacy is usually best way to solve disputes btwn nations. Does not always work and nations may be forced to break diplomatic relations w/ one another
  2. Pressure tactics such as
    - sanctions: authoritative permission, as for an action, to force a nation to comply w/ legal obligations.
    - Embargoes: legal restriction on commerce prohibiting the mvmt of any merchant vessel from or into ports
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5
Q

National Law:

divided into

A
  • Refers to laws of Canada
  • divided into Federal and Provincial law
  • National law may also be divided into public law and private or civil law.
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6
Q

A. Public law:

A

Governs the relationship btwn citizen and the gvt.

-Included in public law are: criminal law, administrative law and constitutional law

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7
Q

Criminal law:

A
  • Criminal law of Canada is a series of rules made by parliament
  • Prohibits certain actions. Antisocial acts are illegal and uniform throughout Canada and are punishable by imprisonment or a fine
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8
Q

Administrative law

A
  • governs the relationships btwn citizens and gvt agencies.
  • This area of the law makes detailed regulations regarding specific areas of the law.
  • Unemployment Insurance Commission, school boards, hospitals
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9
Q

Constitutional Law

A

A body od basic principles stating the powers and limitations of a government and the way those powers are to be exercised

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10
Q 
B. Private law 
(4)
-Concerns...
-Exists to...
-Offers..
-Includes...
A
  • Concerns legal relationships betwn people, organisations, people and organisations
  • Exists to compensate individuals or organisations for wrong done to them by others
  • Offers personal remedies, such as financial compensation for harm or loss.
  • Includes areas of the law as (contract law, tort law, property and family law)
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11
Q

Contract Law

A

A contract is a legal agreement bwtn two or more persons that imposes rights and duties on the parties involved
ex: you agree to paint another person’s house for a certain $$

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12
Q

Tort Law

A

A tort is a wrong, not covered by a contract, which one person commits against another person.

ex: one person assaults another, private lawsuit + poss. criminal offence charges
ex: catch a taxi, then leave w/o paying fee

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13
Q

Family Law

A

Deals w/ relationships btwn persons living together as spouses, whether they are legally married or not.
Also deals w/ relationships btwn parents and children.

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14
Q

Substantive and Procedural Law

A
  1. Substantive law sets out the substance of the law-what your rights and obligations are in various areas of the law
    - ex: right to vote, own property, receive ed, protection from unlawful imprisonment (citizen’s right)
  2. Procedural law states how to enforce your rights. Is largely covered by the QBC Code of civil procedure. In court cases, the lawyers does this.
    - ex: How many one proceed if one was charged w/ a crime that they did not or did commit.
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15
Q
  1. Act
  2. Affidavit:
  3. By-Laws
A
  1. A written law formally passed by the fed or prov leg
  2. A voluntary sworn and signed statement made upon oath b4 an officer authorized to receive and administer oaths.
  3. Local laws passed by municipal gvts
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16
Q
  1. Codify
  2. Constitution Act of 1982
  3. Criminal Code of Canada
A
  1. Organize and record laws in such a manner that ppl are aware of these laws and of their application
  2. The name of Can’s new constitution. Outlines the authority and powers of the various levels of gvt in Can
  3. Can Fed act that defines many unlawful criminal acts and the punishement for the commission of these acts
17
Q
  1. Due Process:
  2. Felony
  3. Habeas Corpus
A
  1. Peaceful settlement of a legal disp. by a judge in court
  2. Serious crime
  3. Latin for “you may have the person”. A writ of order to bring a prisoner b4 court or a judge to determine if that person is being held lawfully. It refers to the right of an individual to appear b4 the courts for a trial and not to be held in custody.
18
Q
  1. Laws:
  2. Order:
  3. Racketeering:
A
  1. Rules that determine the rltp ppl have with each other and w/ the institutions in society
  2. Rule of which ensures that order will exist in society and that disputes will not be settled violently
  3. Person who lives by committing crimes; a member of organised crime, especially ppl who blackmail by intimidation
19
Q

13, Rule of Precedent

  1. Statute
  2. Tort
A
  1. Courts are bound by their earlier decisions. This legal principle ensures that laws and punishments are applied in the same manner in similar cases.
  2. An act passed by governing body
  3. is Latin (Tortum) for ‘wrong’, a civil wrong or injury, other than breach of contract for which damages (money) can be obtained in civil court by the person wronged. A wrong done by someone that isn’t necessarily covered by a legal contract
20
Q

The Division of Jurisdiction

A

Constitution Act 1867, outlines which level of gvt would have juridiction over which matters. Federal gvt areas of juridiction are set out in Section 91 of the CA 1867

21
Q

Section 91, Power of the Parliament

1, 2A,3,5,6,7,8,12,14,15,16,23,24,25,26,27,28

A

1.The Public Debt and Property
2A. Unemployed Insurance
3.The raising of Money by any Mode or System Taxation
5.Postal Service
6.The Census and Statistics
7.Militia, Military and Naval Service, Defence
8.The fixing of and providing for the Salaries and Allowance of Civil and others Officers of Government of Canada
12.Sea Coast ad Inland Fisheries
14.Currency and Coinage
16. Saving Banks
17.Bankruptcy and Insolvency (cannot pau debts)
23.Copyrights
24. Indians, and Lands reserved for the Indians
25. Naturalization and Aliens (bcm Can cit)
26.Marriage and Divorce
27.The Criminal Law, except the Constitution of Courts and Criminal Jurisdiction, but including the Procedure in Criminal Matters
28. The Establishment, Maintenance and Management of Penitentiaries

22
Q

Section 92, Exclusive Powers of Provincial Legislatures

2,6,7,9,12,13,14,15,16

A
  1. Direct Taxation within the Province in order to the raising of a Revenue for Provincial Purposes
  2. The Establishment, Maintenance and Management of Public and Reformatory Prisons in and for the Province
  3. The Establishment, Maintenance, and Management of Hospitals, Asylums ad Charities and Eleemosynary Institutions in and for the Province, other than Marine Hospitals.
  4. Shop, Saloon, Tavern, Auction and other Licenses in order to the raising of a Revenue for Provincial, Local or Municipal Purposes
  5. The Solemnization of marriage in the Province
  6. Property and Civil Rights in the Province
  7. The Administration of Justice in the Province, including the Constitution, Maintenance and Organization of Provincial Courts, both of Civil and Criminal Jurisdiction, and including Procedure in Civil Matters in these Courts
  8. The Imposition of Punishment by Fine, Penalty or Imprisonment for enforcing any Law of the Province made in relation to any Matter coming within any of the Classes of Subjects enumerated in this Section.
  9. Generally All Matters of a merely local or private Nature in the Province
23
Q

Classification of the Law

A

The Law:International and Domestic
Domestic: Substantive and Procedural
Substantive: Private and Public
Public: Constitutional, Admin and Criminal
Private: Tort, Contract, Family, Wills, Property, Employment

Law (9 decks)

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