law terms Flashcards
What is natural law?
Natural law is the idea that law is discovered through internal thinking and reasoning (based on morals). You can’t change it.
What is legal positivism?
Legal positivism is the idea that law is something created by humans, documented and recognized universally.
What is legal realism?
Legal realism is the idea that says legal rules are based on the person who’s implementing the law. It suggests that there is a bias because of the varying viewpoints different legal professionals may have. Depending on the judge, the case may be dealt with in different ways, affecting the outcome.
What are critical legal studies?
This is a quite negative thesis that says that the law is an expression of the goals of the people in power in society. This makes it therefore inconsistent and weighted heavily to one side. All law is politics. This viewpoint insists that the law protects the wealthy, powerful people from the demands of minorities.
What is common law?
Common law is a system of law based on precedent. The outcome of a case is based on the result of a previous, similar case.
What is civil law?
Civil law is the idea that all legal controversies are decided with a set of rules and codes that are not based on previous cases. This system is used in Quebec and is based on what you can’t do, rather than what you can (ie.don’t turn left on the red light vs turn right on the red light).
What is substantive law?
Substantive laws tell you what you can and can’t do. They regulate the behaviour of citizens.
What is procedural law?
Procedural law is about the implementation/procedure of dealing with law. It outlines the rules by which a court hears and determines what happens in a lawsuit.
What is private law?
Private law is the type of law that regulates behaviour between private individuals (i.e. 2 individuals, 2 companies, a company vs. individual).
What is public law?
Public law regulates behaviour between you and the government.
What is family law?
Family law is an area of private law that deals with divorce, marriage, child protection, property, custody..etc.
What is contract law?
Contract law deals with agreements between 2 parties or individuals. It covers who can sign contracts, how a contract is enforced and oral contracts, which could be something as simple as making a purchase or as complicated as a company merger.
What is tort law?
Tort law is when a person sues for wrong doings or damages, like slip-and-fall accidents, or the McDonalds coffee burn case.
What is will and estate law?
Will and estate law concerns the displacement of estate and property after you pass away.
What is property law?
Property law is the buying and selling of property.
What is criminal law?
Criminal law is law dealing with criminal acts. (not on the exam)
What is the UDHR?
The UDHR is the Universal Declaration of Human Rights.
What is the Oakes Test?
The Oakes Test is used to find out if a law can be saved under section 1 of the charter. It is used to test laws.
Section 1 of the charter guarantees the rights and freedoms to reasonable limits that can be justified in a free and democratic society.
What is the rule of law?
The rule of law is the idea that one one is above the law; everyone is equal in the eyes of the law.
What is precedent?
Precedent is a previous case or decision used to determine the result of a future decision.
What is custom?
Custom is when a precedent is established. It’s when something has happened for a certain period of time and has gained the force of law.
What does “innocent until proven guilty” mean?
This is the idea that a person charged with a crime remains innocent until proven otherwise.
What is a legal test?
A legal test is the standard against which something is judged. An example is the Oakes Test.
What does “beyond a reasonable doubt” mean?
This is a legal test for a criminal case.
