unit 1 test Flashcards
procedural law
These are the proper steps or procedures that must be followed in enforcing substantive laws
substantive law
These are orders directed by the government, outlining the rights and obligations of citizens
private law
This involves disputes between individuals The Plaintiff must bring the case before the courts and prove his/her case. Tort, contract, estate and family law. Not right or wrong, lines are blurred, (70% guilty or smt)
public law
Public law regulates activities between the state and the citizens of the state. This area of the law is further divided into 3 categories: administrative (people and gov’t agencies), constitutional (how the country is governed), and criminal law
(homicide, assault, etc.)
5 rules of law upholdings
legal independence, judicial independence, judicial impartiality, judicial accountability, lawyer accountability.
legal independence
separation of state powers eg: those who create laws (legislators) are not the same as those who interpret laws and decide cases (judges), or those who represent individuals in legal matters (lawyers)
judicial independence
Judges must be able to hear cases without being influenced by another source.
judicial impartiality
Judges and others who decide the outcome of legal matters have a professional duty to hear all sides of the dispute and to apply the law based on evidence presented in the courtroom
judicial accountability
Judges are accountable for their decisions. Parties have the right to appeal decisions to a higher court.
lawyer accountability
Lawyers must represent the interests of their clients without interference or bias. Lawyers have a professional duty to be loyal to the interests of their clients – but must do so while acting within the bounds of the law
family court/law
custody, divorce, child support, marriage
positive law
although it is wrong, you still need to follow because its the law
natural law
unjust law is no law at all
legal realism
Legal realists believe that law should be understood not as a set of abstract rules, but as a reflection of how courts actually behave and how legal decisions impact society. sorta like natural but that laws should depend on societal impacts.
critical law theory
Critical Legal Theory (CLT) argues that law isn’t neutral, but rather reflects and reinforces existing power structures and biases, favoring certain groups and marginalizing others.
battered women’s syndrome
after lots of abuse, even if not actually at risk, women always feel at risk, making killing self defence. think overall iykwim
invitee
On property for buisness, eg plumber, elecctrician, ect..
trespasser
enters illegally, eg robber, lost kid.
liscencee
implied permission, eg friends
jurisprudence
Philosophy of law
tort reform
cause that restrains citizens from going to court. making it harder for injured parties to file lawsuits.
caps on damage
limits to compensation from court
punitive damage
awarded in addition to compensatory damages to punish a defendant for egregious or malicious conduct and deter similar behavior in the future
mandatory arbitration
requiring parties to resolve disputes through arbitration instead of court, often seen in consumer contracts and employment agreements, potentially limiting access to the courts and restricting the right to appeal.
arbitration clause
opting for a private dispute resolution procedure instead of going to court.
rule of law
law basicallly?
contract law
agreement between ppl and buisness
estate law
wills and inheritance
trespass to goods
inproper use idk
conversion
wrongful taking and or destroying of goods
royal commissions
investigate specific incidents or to seek advice on broader problems.
legal scholars
experts in law, often law professors, who conduct research, write books and articles, and participate in legal education and discourse, contributing to the understanding and development of legal principles.
lobby groups
a group of people who band together and try to influence politicians and other individuals in public office.
hammurabis code
all laws (282) engraved in columns, eye for eye. very status based punishments
socrates outcome
death heh
merchant v dossani summary
arranged marriage, divorce, was it for immigrancy??
merchant v dossani outcome
yay divorce! yall r good!
C.M.D v R.S.S summary
married while drunk, wanted it to be ruled not happened
C.M.D v R.S.S outcome
it happened, got the contract, get a divorce?
kendrew et al v mcdonalds summary
bandaid in food, but wdym
“nervous shock” and “false imprisonment
Janeen, april, beau summary
girl had baby at 15, couldnt take care, “ill take him when my life is on track” got life on track, her dad didnt let her
Janeen, april, beau outcome
beaus best interest, give her the kid dude!
Zoltan case summary
trespassing but known, fell off a new cliff! why no warnings
zoltan case outcome
city is responsible, just rude and petty for no warnings, unnecessarily handicapped.
