law glossary Flashcards
ultra vires
inconsistent w/ constitution ; not within jurisdiction to act
SCC
Supreme Court of Canada
Natural Law
Law based on objective moral principles discovered by natural reason
Legal Positivism
Law based on “whatever the ruler says” *dangerous
Legal Realism
Law based on “whatever the court/society says” ; enforced by courts *corrupt
Constitutional Law
Law based on how government uses their power ; the constitution reflects what the country deems important
Limited Government
Government is subject to the law
Rule of Law
Authority must be placed into hands of the law, and not people, as people are corrupts and give into desires/emotions
Positive Law
statutes laid down by a legislature, court, or institution
International Law
set of laws that sets the rules for different states and countries
Domestic Law
legal system of a country that governs the people, transactions, and events within that country
Procedural Law
How law appears and works ; the procedures followed
Substantive Law
What the law guarantees
Private Law
Laws concerning private matters ; may have public law complications
Tort Law
A private law concerning offences made against an individual ; a private wrong ; civil lawsuit, seeking damages ($)
Contract Law
A private law concerning voluntary, binding agreements, which are enforced by courts
Property Law
A private law concerning legally recognized rights attached to ownership of personal property ; includes intellectual property
Public Law
Laws concerning public (state/collective) matters
Constitutional Law
A public law that defines the relationship within the state ; limits power of state (who is in charge of what?)
Administrative Law
A public law that is concerned w/ creation / operation of government agencies ; demonstrates how the government functions and delegates responsibilities
Criminal Law
A public law concerned w/ offences made against the state ; more than just criminal code ; public wrongs ; forces people to act in a certain way to promote health & safety ; regulations in food/drugs
Statutory Law
Laws created by federal parliament or provincial legislations ; temporal (change at any time) ; may inquire interpretation (hard to understand)
Regulatory Law
Laws authorizing delegated power ; supervisory and administrative functions ; enables legislation
Common Law
Judge-made law, based on principles of examples ; deciding cases in similar ways ; slow to change
