Flashcards in Chapter 1 Deck (31)
What is the purpose of Law?
Intended to guide conduct in society, primarily protecting persons and their property.
What is substantantive law?
Consists of the rights and duties that each person has in society, such as the right to own property or make contracts.
What is procedural law?
Deals with the protection and enforcement of the rights and duties of substantial law.
What is private law?
Consists of the rules governing relations between private individuals or groups of persons.
What are the two basic law systems? What are each governing?
Civil law emphasizes legislation by following a written code.
Common law emphasizes decisions handed down by the courts.
Which code greatly influenced Civil Law?
Code of Napolean.
What is a precedent?
Using recorded reasons for judgement given by judges in previous decisions to decide cases.
Which basic law system provides consistency and predictability?
What does stare decisis mean?
To stand by a previous decision
What is the rule that binds lower courts to a decision made by higher courts
What group does the Charter of rights apply to?
The government. Does not directly apply to disputes involving private parties.
What is Section 33 of the charter?
Notwithstanding the fact that it violates the charter.
What are courts response when the Charter has been violated?
- Leave to legislation to solve?
- Injunction for gov't to solve problem in a way
-May strike down a statue and leave legislature to enact a new law.
What are Statues
LAws made by parliament, provincial legislature and municipal gov't.
What is a royal assent?
Formality where the bill is approved by the attorney General.
What are the two main classes of legislature?
Passive and Active.
What class prohibits an action that was formerly permitted or allows for a permitted action to be prohibited?
What is Active legislation?
Gives government the right to carry on a program such as taxes.
What is an open court policy?
Means that anyone can be present in a courtroom
What is requried to bring a case to court?
Must have a standing to sue.
What are the requirements of a class action lawuit?
- Common issues
- Plaintiff must qualify as a representative plaintiff
-Workable plan for notification of potential class members
Courts must be convinced that a class action is preferable procedure
What are the three things that make up a lawyers fee?
Contingency fee (paid a percentage of the proceeds for a successful lawsuit)
What is a settlement? What is the percentage of these that occur for a case?
Parties agree to resolve their dispute out of court. More than 95% of cases are settled outside of court.
Who is the first to call their witness?
What are ordinary witnesses allowed to testify about?
Only the facts that they know firsthand.
Who is the burden of proof on in a non-criminal action case?
What percentage is the winning party awarded of costs?
What are the three types of alternative dispute resolution?
What is arbitration
Parties agree to be bound by the decision of a neutral third party