Law Terms Flashcards
(33 cards)
Definition: The system of rules that a particular country or community recognizes as regulating the actions of its members and may enforce them through penalties.
Term: Law
Term: Jurisprudence
Definition: the science or philosophy of law that deals with applying legal doctrine and investigating the concepts notions and principles of legal thought.
Magna Carta or Rule of Law
- Law is necessary for an orderly society
- The law applies to everyone equally
- A persons legal rights will not be taken away unless in accordance with the law.
Common law is broken down into 3 different categories. What are they?
- Statute law
- Case law
- Customs & Conventions
What is Statute law
Written law passed by the government
What is Case law?
A court decision where judges interpret Statute law to apply to specific cases.
What are Customs and Conventions?
Unwritten laws and long standing practices.
Civil law is broken down into 2 sections, ________ and ______________.
Explain each.
Codification (all laws are organized and published in books) and Role of the Judge (the judge is unbiased in applying the law).
What are some reasons law has changed in Canada?
Technological changes, demographic changes, value changes, and national emergencies.
What is a primary source of law?
The verbal retelling/passing down of information that eventually gets written down.
Customs, conventions, religion, and social/political influences are exaples of what source of law? (Primary or secondary)
Primary Law
Laws and cases that were codified in response to cultural, religious, and philosophical values are what source of law?
Secondary sources
Define “Codified”
Written down (specifically relating to laws).
What are some examples of secondary sources of law?
The consitution, Ultra and Intra vires, charter of rights and freedom, statute law, case law, torte law, precedent, material facts, unifromity, impartiallitity, and ratio decendi.
What is the difference between ultra and intra vires?
Ultra vires is outside teh law and jurisdiction and Intra vires is within legal bounds.
Define “Tort Law”
Financial damages, being sued and paying out of pocket. Typically civil law.
Define “Ratio Decendi”
“The reason for deciding”
Comparing and contrasting the reason of deciding for cases, lawyers find similarities an differences to support their arguments.
How many categories of law are there?
6
What is substantive law?
Identifies the rights and duties of a person/govenrment.
What category of law “outlines the methods/procedures that enforce substantive law”?
Procedural law
A law that governs within a particular country is what type of law?
Domestic law
Define “International law”.
A law that has jurisdiction in more than one country.
Public law or criminal law is described as regulating….
activities between citizens and state.
Regulates disputes between individuals and organizations.
Typically involves plaintiffs (suing), and defendents (being sued).
Private or civil law.
