Law Terms

Question 1

Definition: The system of rules that a particular country or community recognizes as regulating the actions of its members and may enforce them through penalties.

Answer 1

Term: Law

Question 2

Term: Jurisprudence

Answer 2

Definition: the science or philosophy of law that deals with applying legal doctrine and investigating the concepts notions and principles of legal thought.

Question 3

Magna Carta or Rule of Law

Answer 3

1. Law is necessary for an orderly society
2. The law applies to everyone equally
3. A persons legal rights will not be taken away unless in accordance with the law.

Question 4

Common law is broken down into 3 different categories. What are they?

Answer 4

1. Statute law
2. Case law
3. Customs & Conventions

Question 5

What is Statute law

Answer 5

Written law passed by the government

Question 6

What is Case law?

Answer 6

A court decision where judges interpret Statute law to apply to specific cases.

Question 7

What are Customs and Conventions?

Answer 7

Unwritten laws and long standing practices.

Question 8

Civil law is broken down into 2 sections, ________ and ______________.
Explain each.

Answer 8

Codification (all laws are organized and published in books) and Role of the Judge (the judge is unbiased in applying the law).

Question 9

What are some reasons law has changed in Canada?

Answer 9

Technological changes, demographic changes, value changes, and national emergencies.

Question 10

What is a primary source of law?

Answer 10

The verbal retelling/passing down of information that eventually gets written down.

Question 11

Customs, conventions, religion, and social/political influences are exaples of what source of law? (Primary or secondary)

Answer 11

Primary Law

Question 12

Laws and cases that were codified in response to cultural, religious, and philosophical values are what source of law?

Answer 12

Secondary sources

Question 13

Define “Codified”

Answer 13

Written down (specifically relating to laws).

Question 14

What are some examples of secondary sources of law?

Answer 14

The consitution, Ultra and Intra vires, charter of rights and freedom, statute law, case law, torte law, precedent, material facts, unifromity, impartiallitity, and ratio decendi.

Question 15

What is the difference between ultra and intra vires?

Answer 15

Ultra vires is outside teh law and jurisdiction and Intra vires is within legal bounds.

Question 16

Define “Tort Law”

Answer 16

Financial damages, being sued and paying out of pocket. Typically civil law.

Question 17

Define “Ratio Decendi”

Answer 17

“The reason for deciding”
Comparing and contrasting the reason of deciding for cases, lawyers find similarities an differences to support their arguments.

Question 18

How many categories of law are there?

Answer 18

6

Question 19

What is substantive law?

Answer 19

Identifies the rights and duties of a person/govenrment.

Question 20

What category of law “outlines the methods/procedures that enforce substantive law”?

Answer 20

Procedural law

Question 21

A law that governs within a particular country is what type of law?

Answer 21

Domestic law

Question 22

Define “International law”.

Answer 22

A law that has jurisdiction in more than one country.

Question 23

Public law or criminal law is described as regulating….

Answer 23

activities between citizens and state.

Question 24

Regulates disputes between individuals and organizations.
Typically involves plaintiffs (suing), and defendents (being sued).

Answer 24

Private or civil law.

Question 25

What is natural law?

Answer 25

A system of law that is based on human morals and intrinsic values.
Derrived from eternal and unchangebale principles which regulate the natural or physical world.

Question 26

Rationalism and St.Thomas Aquinas’ 4 laws (Eternal, natural, divine, and human) are examples of which type of law?

Answer 26

Natural law

Question 27

Using reason to analyse the natural world for observational purposes is considered __________. __________. proposes that law can determine good vs. evil and is the only thing that can control people.

Answer 27

Rationalism.

Question 28

Explain the 4 kinds of law St. Thomas Aquinas believed in.

Answer 28

1. Eternal law:
   God created the universe and operates it.
2. Natural law:
   We use reason to see and know the law.
3. Divine positive law
   Law that has been revealed in scripture.
4. Human positive law
   Laws humas made to achieve a properly fucntioning society.

Question 29

Define “Positive law”.

Answer 29

A body of rules formulated by the state that citizens are oligated to obey for the good of the state.
No use of morality in creating laws.

Question 30

Define “Legal Realism”

Answer 30

The examination of law in a realistic manner rather than a theoretical manner.
The judges apply the law as they see fit for each case.

Question 31

Define “Legal Formalism”

Answer 31

Judges apply laws as they are, only interpreted as they are written.
Context of a case doesn’t matter just the crime.

Question 32

What is feminist jurisprudence?

Answer 32

A legal theory that believes law is an instrument of oppression by men against women.
Law has historically treated women differently (worse) than men.

Question 33

What is critical race theory?

Answer 33

Focuses on the relationship between law and power as a way to instil racisim and racial hierarchy.
Laws favour white individuals.