Types of Laws

Question 1

What is Law?

Answer 1

Law sets basic standards of behavior that are enforced by the government and by individuals and groups with the help of the government.

Law is needed to protect persons, property, and society as a whole; it prohibits conduct that society believes to be harmful to others.

Question 2

What is Rule of Law?

Answer 2

Established legal principles that treat all persons equally and that government itself obeys

Question 3

What is Public Law?

Answer 3

Law that regulates the conduct of government and the relations between government and private persons (law involving the government)

Question 4

What is Private Law?

Answer 4

Law that regulates the relations between private persons and groups of private personals

Question 5

What is Legal Liability?

Answer 5

When a person breaks the law, he or she is held responsible for the consequences = legal liability

Three forms of liability influence individual behavior:

• criminal liability,
• regulatory or quasi-criminal liability,
• civil liability (non-criminal environment)

Question 6

What is Business Law?

Answer 6

Set of established rules governing commercial relationships, including the enforcement of rights (must follow rules)

• General rules of commerce
• Protects business ideas, tangible forms
• Ensures losses are borne by those responsible
• Ensures compliance with commitments

Question 7

Differentiate Law of Nature and Law of Man?

Answer 7

• law of nature – can’t be broken
• law of man – not supposed to be broken – if it is, consequences

Question 8

What are the two types of commercial relationships?

Answer 8

• Business to Business
• Business to Customer

Question 9

What is Civil Law?

Answer 9

Civil law is the system of law involving a comprehensive legislated code derived from Roman law that developed in continental Europe and influenced by the Code of Napoleon of 1804.

Civil law is refined/reviewed every five years.

Question 10

What are the two different meanings of Civil Law based on the context?

Answer 10

1. Refers to private law – law that governs relations among private persons
2. Refers to the Civil Law System of Law. Oldest system of the two. It consists of a comprehensive code (book of rules). The judge does not make the law, the judge abides by it (government makes code)

Question 11

What is Domestic Law?

Answer 11

Internal law of a given country (e.g. statute law, common law)

Question 12

What is International Law?

Answer 12

Governs relations between states, countries, and other entities

Question 13

List 4 facts about Civil Law?

Answer 13

• Oldest of the two systems (6^th century)
• • Justinian wanted a comprehensive code (“civil code”). A book with everything in it. However, if it isn’t in the code, they are going to find the most similar one (analogies)
• • Don’t have to follow previous judgments. However, they usually do because otherwise there are inconsistencies
• • Under the civil law system of law, if two identical cases aren’t in the code, there is no guarantee that judges will come to the same independent decisions since they reason by analogy
• • Napoleon re-vamped the code
• This system was adopted in Canada only in Quebec for private law (not federal), it is used in other countries though
• Rarely has a jury
• Sometimes you have to expand the system of law to certain circumstances. This means adjusting the law, not making law

Question 14

What is Substantive Law?

Give 2 examples of Substantive Law?

What are the 2 types of Substantive Law?

Answer 14

Substantive Law is the rights and duties that each person has in a society.

For example:

• The right to own property/enter into a contract
• The duty to avoid carelessly injuring people

There are two types of substantive law:

• Public Law
• Private Law

Question 15

What is Public Law?

What are the 3 types of Public Law?

Define 3 types of Public Law?

Answer 15

Public Law is the law that regulates the conduct of government and the relations between government and private persons

Three types of Public Law: Criminal Law, Constitutional Law, Administrative Law

1. Criminal Law (government made laws) – sets out how the public is supposed to behave (government vs. the accused) (not person vs person)
2. Constitutional Law – the fundamental law of a nation or state (i.e. the levels of government, judges -all about the government – i.e., how many levels (1 or 2) and which sublevels will they have)
3. Administrative Law – boards/commissions. The government forms these bodies and delegates lawmaking authority to these groups

Question 16

What is Criminal Law?

Answer 16

Criminal Law (government made laws) – sets out how the public is supposed to behave (government vs. the accused) (not person vs person)

Question 17

What is Constitutional Law?

Answer 17

the fundamental law of a nation or state (i.e. the levels of government, judges -all about the government – i.e., how many levels (1 or 2) and which sublevels will they have)

Question 18

What is Administrative Law?

Answer 18

boards/commissions. The government forms these bodies and delegates lawmaking authority to these groups

Question 19

What is Private Law?

Answer 19

The rules that govern relations between private persons or groups. E.g. suing each other for wills, estates, property law. This is the “fabric” of business law

Private law is sometimes referred to as civil law. Deals with individuals rather than the government, and the government does not have to be here. Deals with civil cases i.e. noncriminal cases

Question 20

What is Procedural Law?

Answer 20

It is the law that deals with the protection and enforcement of substantive law rights and duties. Defines the procedures of a lawsuit/case. E.g. someone breaches a contract then, what is the process?

Question 21

What is Common Law?

List some facts of Common Law?

Answer 21

The case-based system of law originating in England covering most of the English-speaking world. It is based on the recorded reasons given by courts for their decisions

Brief history:

• Originated in the UK in 1066
• Landowners made individual rules and common law took away power & made the law common throughout all UK colonies back then
• Today it is still used in all UK colonies; however, each territory has made small modifications

The common law system of law is used all over Canada except Quebec and in most of the English-speaking world. Quebec uses the Civil Law system of law only for private law

Question 22

What are the 3 meanings of Common Law?

Answer 22

1. Common Law System of Law – (what the majority of Canada uses) law based primarily on the decisions of judges
2. The distinction between Common Law vs. Statute Law
   
   • Common law is case law (the law made by judges)
   • Statute laws are laws made by legislatures/government agencies
3. The distinction between Common Law vs. Law of Equity (fairness)
   
   • Common Law started in England with Case Law; it’s very rigid. Follows the previous case law or precedent
   • Equity Laws are laws of fairness. However, they started becoming rigid i.e. specific rules must be followed meaning it provides rulings after considering every aspect of the current case

Question 23

What is Common Law System of Law?

Answer 23

(what the majority of Canada uses) law based primarily on the decisions of judges

Question 24

Differentiate Common Law vs. Statute Law?

Answer 24

• Common law is case law (the law made by judges)
• Statute laws are laws made by legislatures/government agencies

Question 25

Differentiate Common Law vs. Law of Equity (fairness)?

Answer 25

• Common Law started in England with Case Law; it’s very rigid. Follows the previous case law or precedent
• Equity Laws are laws of fairness. However, they started becoming rigid i.e. specific rules must be followed meaning it provides rulings after considering every aspect of the current case

Question 26

What is Law of Equity?

Answer 26

Equity Laws are laws of fairness. However, they started becoming rigid i.e. specific rules must be followed meaning it provides rulings after considering every aspect of the current case