Classifying Law (Chapter 2) Flashcards
Administrative Law
Law related to the relationship between people and government departments, boards, and agencies. A branch of Public Law.
Bylaws
Laws that deal with the local issues and are passed by municipal governments.
Civil/Private Law
Law governing the legal relationships between private individuals and between individuals and organizations (excluding the government). Refers to torts (civil injuries), contracts, and family law. A branch of Substantive Law.
Constitutional Law
The body of law dealing with the distribution and exercise of government powers. Derives from the Constitution, which is a document determining the structure of the federal government and the law-making powers between the federal and provincial governments. Constitutional Law limits the government by setting out certain basic laws, principles, and standards that the government must adhere to. Overrides other laws. If a law is found in violation of the Constitution, it is struck down by the courts.
Contract Law
The branch of civil law that provides rules regarding agreements between people and businesses. A branch of Private Law.
Criminal Law
Law that identifies crimes and prescribes punishment. Prohibits behaviors that cause others harm, such as murder, robbery, or assault. A branch of Public Law.
Distinguishing a Case
Identifying a case as being sufficiently different from previous cases as to warrant a different decision. Occurs if a judge disagrees with a previous precedent, the precedent incorporates new technology, or the precedent is outdated a no longer applicable to society. In these cases a judge may create a new precedent. This process is called “distinguishing a case”.
Domestic Law
Law that governs the activity within a nation’s borders. Usually determined by the monarch or constitution. Branches are Substantive and Procedural.
International Law
Laws that govern relations between independent nations.
Jurisdiction
The political or legal authority to pass and enforce laws, or the judicial authority to decide a case. The level of authority and control for each level of government (federal, provincial, municipal).
Procedural Law
Law that prescribes the methods of enforcing the rights and obligations of substantive law. Enforces the rights, duties, and responsibilities found in substantive law. People of authority must follow procedural law to create a level of predictability within society. Ensures that all citizens are treated fairly and that neither their police nor the courts act arbitrarily.
Property Law
A branch of private law. Governs the ownership rights of property. Much of Property Law can be found in statutes.
Public Law
Law related to relationships between individuals and the state. Includes Constitutional, Administrative, and Criminal Law. All public laws are subject to the Charter of Rights and Freedoms.
Statute Law
Laws that are passed by elected representatives in the form of acts. Acts become law when they pass through a formal procedure in parliament or provincial legislatures. Statutes generally override common law, but where no statute exists to deal with a particular situation, common law prevails.
Substantive Law
Law that defines the rights, duties, and obligations of citizens and levels of government. Branches are Private and Public Law. Citizen’s conduct determined by substantive law.
