Types of Laws Flashcards
(26 cards)
What is Law?
Law sets basic standards of behavior that are enforced by the government and by individuals and groups with the help of the government.
Law is needed to protect persons, property, and society as a whole; it prohibits conduct that society believes to be harmful to others.
What is Rule of Law?
Established legal principles that treat all persons equally and that government itself obeys
What is Public Law?
Law that regulates the conduct of government and the relations between government and private persons (law involving the government)
What is Private Law?
Law that regulates the relations between private persons and groups of private personals
What is Legal Liability?
When a person breaks the law, he or she is held responsible for the consequences = legal liability
Three forms of liability influence individual behavior:
- criminal liability,
- regulatory or quasi-criminal liability,
- civil liability (non-criminal environment)
What is Business Law?
Set of established rules governing commercial relationships, including the enforcement of rights (must follow rules)
- General rules of commerce
- Protects business ideas, tangible forms
- Ensures losses are borne by those responsible
- Ensures compliance with commitments
Differentiate Law of Nature and Law of Man?
- law of nature – can’t be broken
- law of man – not supposed to be broken – if it is, consequences
What are the two types of commercial relationships?
- Business to Business
- Business to Customer
What is Civil Law?
Civil law is the system of law involving a comprehensive legislated code derived from Roman law that developed in continental Europe and influenced by the Code of Napoleon of 1804.
Civil law is refined/reviewed every five years.
What are the two different meanings of Civil Law based on the context?
- Refers to private law – law that governs relations among private persons
- Refers to the Civil Law System of Law. Oldest system of the two. It consists of a comprehensive code (book of rules). The judge does not make the law, the judge abides by it (government makes code)
What is Domestic Law?
Internal law of a given country (e.g. statute law, common law)
What is International Law?
Governs relations between states, countries, and other entities
List 4 facts about Civil Law?
- Oldest of the two systems (6th century)
- Justinian wanted a comprehensive code (“civil code”). A book with everything in it. However, if it isn’t in the code, they are going to find the most similar one (analogies)
- Don’t have to follow previous judgments. However, they usually do because otherwise there are inconsistencies
- Under the civil law system of law, if two identical cases aren’t in the code, there is no guarantee that judges will come to the same independent decisions since they reason by analogy
- Napoleon re-vamped the code
- This system was adopted in Canada only in Quebec for private law (not federal), it is used in other countries though
- Rarely has a jury
- Sometimes you have to expand the system of law to certain circumstances. This means adjusting the law, not making law
What is Substantive Law?
Give 2 examples of Substantive Law?
What are the 2 types of Substantive Law?
Substantive Law is the rights and duties that each person has in a society.
For example:
- The right to own property/enter into a contract
- The duty to avoid carelessly injuring people
There are two types of substantive law:
- Public Law
- Private Law
What is Public Law?
What are the 3 types of Public Law?
Define 3 types of Public Law?
Public Law is the law that regulates the conduct of government and the relations between government and private persons
Three types of Public Law: Criminal Law, Constitutional Law, Administrative Law
- Criminal Law (government made laws) – sets out how the public is supposed to behave (government vs. the accused) (not person vs person)
- Constitutional Law – the fundamental law of a nation or state (i.e. the levels of government, judges -all about the government – i.e., how many levels (1 or 2) and which sublevels will they have)
- Administrative Law – boards/commissions. The government forms these bodies and delegates lawmaking authority to these groups
What is Criminal Law?
Criminal Law (government made laws) – sets out how the public is supposed to behave (government vs. the accused) (not person vs person)
What is Constitutional Law?
the fundamental law of a nation or state (i.e. the levels of government, judges -all about the government – i.e., how many levels (1 or 2) and which sublevels will they have)
What is Administrative Law?
boards/commissions. The government forms these bodies and delegates lawmaking authority to these groups
What is Private Law?
The rules that govern relations between private persons or groups. E.g. suing each other for wills, estates, property law. This is the “fabric” of business law
Private law is sometimes referred to as civil law. Deals with individuals rather than the government, and the government does not have to be here. Deals with civil cases i.e. noncriminal cases
What is Procedural Law?
It is the law that deals with the protection and enforcement of substantive law rights and duties. Defines the procedures of a lawsuit/case. E.g. someone breaches a contract then, what is the process?
What is Common Law?
List some facts of Common Law?
The case-based system of law originating in England covering most of the English-speaking world. It is based on the recorded reasons given by courts for their decisions
Brief history:
- Originated in the UK in 1066
- Landowners made individual rules and common law took away power & made the law common throughout all UK colonies back then
- Today it is still used in all UK colonies; however, each territory has made small modifications
The common law system of law is used all over Canada except Quebec and in most of the English-speaking world. Quebec uses the Civil Law system of law only for private law
What are the 3 meanings of Common Law?
- Common Law System of Law – (what the majority of Canada uses) law based primarily on the decisions of judges
- The distinction between Common Law vs. Statute Law
- Common law is case law (the law made by judges)
- Statute laws are laws made by legislatures/government agencies
- The distinction between Common Law vs. Law of Equity (fairness)
- Common Law started in England with Case Law; it’s very rigid. Follows the previous case law or precedent
- Equity Laws are laws of fairness. However, they started becoming rigid i.e. specific rules must be followed meaning it provides rulings after considering every aspect of the current case
What is Common Law System of Law?
(what the majority of Canada uses) law based primarily on the decisions of judges
Differentiate Common Law vs. Statute Law?
- Common law is case law (the law made by judges)
- Statute laws are laws made by legislatures/government agencies
