Flashcards in Chapter 2 Deck (14)
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
Define procedural law.
- rules that deal with how substantive rights and duties may be enforced
- procedural law deal with "how" the law is enforced
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
Define Roman law.
- the system of law codified by Eastern Roman Emperor Justinian in the 6th centuty
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
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
- identify a factual difference that renders a precedent inapplicable to the case before the court
- declare an existing precedent no longer binding or effective
- 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
- hear parties and deliver a decision with reasons
- 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
What are the 2 basic law categories in Canada?
1) public law (gov)
- constitutional law
- criminal law
2) private law
- property law
- business law incorporates both public and private law
What is common law's two primary goals?
- allows for fairness and ensures similar cases will be treated alike