week 1 ai notes Flashcards
What are the key characteristics of law?
Rules that govern behaviour, have a legal consequence, enforceable by the state, legitimacy of state authority
These characteristics outline the foundational aspects of legal systems.
What does the law provide?
Justice - referred to as the justice system
The law’s primary function is to ensure fairness and justice in society.
What historical event led to the establishment of common law in England?
The Norman conquest in 1066
William the Conqueror’s invasion was pivotal in shaping the legal landscape of England.
What role did the King’s Justice play in the development of common law?
Offered a centralized legal authority to avoid local biases
The King’s Justice allowed for equitable legal decisions across the kingdom.
What is ratio decidendi?
The reason for the decision
This is the binding part of a judicial decision that sets a precedent for future cases.
What is obiter dicta?
Things said ‘by the way’
This part of a case does not have binding authority on future cases.
What is contributory negligence?
You contributed to your own injury
This legal concept affects the awarding of damages in negligence cases.
What is the main difference between statute law and common law?
Statute law is enacted legislation; common law is judge-made law
Statute law can clarify or override common law.
What is the role of Aboriginal law?
Court decisions and legislation dealing with legal rights of Indigenous people
Aboriginal law addresses treaty rights and land claims among Indigenous populations.
What is unique about Quebec’s legal system?
It relies on the civil code, not common law
Quebec’s legal principles are based on the Napoleonic Code.
What is administrative law?
Law governing administrative agencies and tribunals
These bodies make legally binding decisions but are not traditional courts.
What is the Charter of Rights and Freedoms?
An entrenched bill of rights that can only be changed by a special amending formula
It protects individual rights and freedoms in Canada.
What is procedural law?
Law that outlines how legal processes are conducted
Known as ‘due process’, it ensures fair treatment through the judicial system.
What are the two types of law classifications?
Public law and private law
Public law involves the state, while private law deals with relationships between individuals.
What does the term ‘onus of proof’ refer to?
The responsibility to prove allegations in a legal case
In a civil case, the plaintiff has the onus; in a criminal case, it is the state.
What is the standard of proof in a criminal case?
Beyond a reasonable doubt
This is the highest standard of proof required in legal proceedings.
What is solicitor-client privilege?
A lawyer cannot be compelled to reveal what a client has told them
This privilege ensures confidentiality in the lawyer-client relationship.
What are general damages?
An amount that is difficult to quantify
These damages often relate to non-economic losses like pain and suffering.
What does ‘costs follow the cause’ mean?
The losing side often has to pay the legal fees of the winning side
This principle aims to deter frivolous lawsuits and promote justice.
Fill in the blank: The law presumes a child’s action is _______.
parent’s fault; did not properly supervise children
This principle is illustrated in the Parental Responsibility Act, 2000.
