Lesson 1.2: Public, Private, Civil, and Common Law Flashcards
What are the two main categories of law?
Public Law (relationship between individuals and the government) and Private Law (relationship between individuals).
What is the key difference between public law and private law?
Public law involves the government enforcing rules (e.g., criminal law, tax law), while private law governs relationships between individuals (e.g., contracts, civil liability).
What are the two main types of private law?
Contractual responsibility (obligations in contracts) and Non-contractual responsibility (civil liability) (duty to not cause harm to others).
What are the consequences of breaching public law?
Punishment, not compensation.
What are the two main purposes of punishment in public law?
To punish the individual for breaking the law.
To deter others from committing similar offenses.
What is the Civil Law system?
A legal system based on codified rules (e.g., Civil Code of Quebec). Judges first look at written laws to decide cases.
What is the Common Law system?
A legal system based on** precedent** (past court decisions) rather than codified rules.
Used in other Canadian provinces and historically stems from the British legal system.
How do judges resolve legal questions in Civil Law vs. Common Law?
Civil Law → Judges first consult the Civil Code.
Common Law → Judges first consult previous court cases (jurisprudence).
What are the four main sources of law?
Statutes – Laws created by government.
Jurisprudence (Case Law) – Past judicial decisions interpreting laws.
Doctrine – Writings by legal experts on emerging legal issues.
Customs and Usage – Long-standing traditions influencing legal interpretation.
Why is Doctrine important in modern law?
It helps address new legal areas (e.g., internet law, cyberbullying) where legislation is still developing.
