law terms Flashcards
What is natural law?
Natural law is the idea that law is discovered through internal thinking and reasoning (based on morals). You can’t change it.
What is legal positivism?
Legal positivism is the idea that law is something created by humans, documented and recognized universally.
What is legal realism?
Legal realism is the idea that says legal rules are based on the person who’s implementing the law. It suggests that there is a bias because of the varying viewpoints different legal professionals may have. Depending on the judge, the case may be dealt with in different ways, affecting the outcome.
What are critical legal studies?
This is a quite negative thesis that says that the law is an expression of the goals of the people in power in society. This makes it therefore inconsistent and weighted heavily to one side. All law is politics. This viewpoint insists that the law protects the wealthy, powerful people from the demands of minorities.
What is common law?
Common law is a system of law based on precedent. The outcome of a case is based on the result of a previous, similar case.
What is civil law?
Civil law is the idea that all legal controversies are decided with a set of rules and codes that are not based on previous cases. This system is used in Quebec and is based on what you can’t do, rather than what you can (ie.don’t turn left on the red light vs turn right on the red light).
What is substantive law?
Substantive laws tell you what you can and can’t do. They regulate the behaviour of citizens.
What is procedural law?
Procedural law is about the implementation/procedure of dealing with law. It outlines the rules by which a court hears and determines what happens in a lawsuit.
What is private law?
Private law is the type of law that regulates behaviour between private individuals (i.e. 2 individuals, 2 companies, a company vs. individual).
What is public law?
Public law regulates behaviour between you and the government.
What is family law?
Family law is an area of private law that deals with divorce, marriage, child protection, property, custody..etc.
What is contract law?
Contract law deals with agreements between 2 parties or individuals. It covers who can sign contracts, how a contract is enforced and oral contracts, which could be something as simple as making a purchase or as complicated as a company merger.
What is tort law?
Tort law is when a person sues for wrong doings or damages, like slip-and-fall accidents, or the McDonalds coffee burn case.
What is will and estate law?
Will and estate law concerns the displacement of estate and property after you pass away.
What is property law?
Property law is the buying and selling of property.
