Topic 1

Question 1

What is law?

Answer 1

A body of rules enforced by the courts or other government agencies. Law is not morality (ethical behavior)

Question 2

Four main Categories of Law

Answer 2

1. Substantive Law (This is the law)
2. Procedural Law (Teeth of law, the process)
3. Public Law
4. Private / Civil Law

Question 3

Substantive Law

Answer 3

Basically the law, what it says about a situation. Rules governing Behavior (rights for living in society + limits conduct), such as not being able to publish someone’s photo without permission

Question 4

Sources of Law

Answer 4

L = CL + E + S

1. Common Law
2. Equity
3. Statue

Question 5

Procedural Law

Answer 5

Explains 1. How legal process works & compliance

2. Method of enforcing substantive laws

Question 6

Public Law

Answer 6

Regulates our relationship with government (any constitutional or criminal laws)

Question 7

Private / Civil Law

Answer 7

Regulates personal, social and business relationships (i.e. family law, property law, will + estates, employment law)

Question 8

Civil Code Legal System

Answer 8

Codified body of rules, coined by Romans

Question 9

Where does Canadian Law come from?

Answer 9

Old english law, except Quebec which is based on Frencch civild code

Question 10

Common Law(CL) Legal System

Answer 10

Used in Canada, referred to as “judge-made law”, is based on precedent or stare decisis (let the decision stand). Bound to precedent case if 1. decision made by higher court + in same jurisdiction (province) + based on similar facts.

Question 11

Law of Equity

Answer 11

Supplements common law where common law does not provide suitable remedy.
- Based originally on fairness

Question 12

Statutes

Answer 12

Laws created by parliament. “Parliamentary Supremacy”, a principle (legislation) that overrides common law (old law) + law of equity. If discrepancy between old english law and statute (says smth else), will follow new law in form of statute

Question 13

1867

Answer 13

Canada Created by British North America Act. Inherited from Britain: 1. Rule of Law (everyone is subject to law)
2. Magna carta(1215), the source of basic human rights

BNA (constitution Act), created Canada + division of power into federal and provincial powers

Question 14

1982

Answer 14

Constitution Act, giving Canada 1. legal independence from UK
2. Got our own constitution, the main law in Canada , that embodies Charter of Rights and Freedoms

Question 15

Charter of Rights and Freedom

Answer 15

8 Fundamental freedoms that may be limited when reasonable to do so in fair and just society..

1. Freedom of Conscience + Religion
2. Freedom of Belief + opinion + expression
3. Freedom of Assembly
4. Freedom of Association (collective bargaining)
5. Democratic Rights
6. Mobility Rights
7. Legal Rights
8. Equality Rights