Lecture 1 Flashcards
What are the 2 types of law that fall under substantive law
Public law and private law
What is substantive law?
The law that deals with rights and duties.
What are examples of substantive law?
criminal law, contract law, negligence law.
What is public law?
Rights and duties in law in which the government is involved.
What is constitutional law?
What is private law?
Deals with the rights and duties in law, between individuals, corporations, or any other parties. Government is not necessarily involved, but can be.
What is procedural law?
law that deals with enforcement of our substantive laws, rights, and duties.
What is legal liability?
When an individual breaks the law, that individual is held responsible for the consequences.
What is civil liability?
Non-criminal. For example, lawsuits.
What are the 2 main systems of law in the world?
Common law and civil law.
What is the common law system?
Applies federally and in every province except Quebec. Courts of equity (fairness), stringent rules that require fairness. Developed several special rules for you to be able to go through before needing to go to king’s bench.
What is remedy?
It is the thing we sure for. Most often it is money.
What are the features of the civil law system?
used only in Quebec. Used fro private law. Judges do NOT make law in this system. The system originates in the 7th century AD
