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Flashcards in Chapter 2 Deck (14)
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1

Define substantive law.

- the rights and duties that each person has in society
ex) right to own property, to vote, to enter into contracts, to sell/give away property
ex) duty to avoid injuring others, perform contractual obligations
- substantive law is "what" the law is

2

Define procedural law.

- rules that deal with how substantive rights and duties may be enforced
- procedural law deal with "how" the law is enforced

3

Define civil law.

- the system of law involving a comprehensive legislated code
- derived from Roman law that developed in continental Europe and greatly influences by the Code Napoleon of 1804

4

Define Roman law.

- the system of law codified by Eastern Roman Emperor Justinian in the 6th centuty

5

Define Common law.

- case-based system of law
- originated in England
- covers most of the English-speaking world
- based on the recorded reasons given by courts for their decisions

6

Define stare decisis.

- to stand by a previous decision
- defines theory of precedent
- it means decisions of higher courts must be followed by lower courts most of the time

7

Define distinguish.

- identify a factual difference that renders a precedent inapplicable to the case before the court

8

Define overrule.

- declare an existing precedent no longer binding or effective

9

Define arbitration.

- a form of alternative dispute resolution (ADR) where a dispute is referred to an arbitrator who adjudicates the matter and the parties agree to be bound by the arbitrator's decision
- although there mat be a right to appeal to the courts

10

Define adjudicate.

- hear parties and deliver a decision with reasons

11

Define mediation.

- a form of ADR where a neutral 3rd party who is acceptable to both sides, acts as a mediator, assisting the parties to reach a settlement

12

What are the 2 basic law categories in Canada?

1) public law (gov)
- constitutional law
- criminal law
- taxation

2) private law
- contracts
- torts
- property law

- business law incorporates both public and private law

13

What is common law's two primary goals?

1) consistency
2) predictability
- allows for fairness and ensures similar cases will be treated alike

14

What limits come along with the stare decisis rule?

1) although judges can be influenced by prior decisions, they are only bound to follow decisions of a higher level court

2) precedents are binding only where the circumstances are exactly the same