Test 1: Ch1-2-3 Flashcards
What is the definition of the law?
A system of rules and regulations that govern a community and enforced by a political authority and its legal system.
Where did law come from? (origins)
Specialization of skills over time forced greater interaction and dependency between people
What does law provide?
- Security of each member
- Certainty for future planning
What was the first example of written law
Code of Hammurabi engraved in a stone column
Why did laws increase in complexity? (3)
- Population increased
- Technological advances.
- Immigration patterns
What are the roles of law in society today? (3)
- ensure security
- enforce standards of conduct
- maintain status quo
why doesn’t law always equal justice?
- the law is written
- enforced by judges
- laws are decided upon by a majority
Ethics definition
a set of principles or moral values of a society, distinguishing right from wrong
What is the difference between law and ethics?
law can reflect ethical values, but the two can also conflict
T/F: Ethics plays a balancing role to law
True: law is founded in moral values, so need ethics to apply
Law is not always clear, so use ethics to develop
Law may not exist to address new issues, so ethics must mold
When does an ethical value become law?
- When it gains a large consensus amongst the population
- When it addresses an issue considered a serious threat to the wellbeing of the community
(Private/Public) Law: Rules that regulate the legal relationship between individual citizens
Private
(Private/Public) Law: Rules that govern the relationship between citizens and their state
Public
Do these apply to private or public law:
Contract law, commercial law, employment law, property law
Private law
Do these apply to private or public law?
Criminal law, highway law, tax law, bankruptcy law
Public
Is this civil law or common law?
Legislative authority to make law. Legislature codifies laws. Courts simply apply the law. France.
Civil law
Is this civil or common law?
Basis for law is grounded in principle of precedence and case law or jurisprudence. Judge made law. England. Ex: Criminal code in Canada
Common law
What is the law where we can find the “substance” of our rights?
Substantive law
Associate each of the following to either substantive law or adjectival law:
a) Civil Code of Quebec
b) Quebec Code of Civil Procedure
a) Substantive law
b) Adjectival law
What is the name of the procedures to protect substantive law?
Adjectival law
What are the 5 Ws to sue?
Why sue?
What is involved?
Who are the parties
Where do you sue
When can you sue?
Why would someone sue?
Somebody owes you money or an obligation and refuses to perform
What is involved when suing
Start legal proceedings to convince a judge to order the other person to perform obligations.
Begins with an exchange of documents between the parties and then a court appearance.
Who are the parties in a court case?
Plaintiff (person suing) and defendant (person being sued)