Cln 4U - Law Unit 1 Test

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Jurisprudence

Back 1

The philosophical and scientific interpretations of the meaning and nature of law.

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Jurist

Back 2

People who are well versed in the law, (such as legal philosophers, judges, and lawyers) and bring insight into future legal thinking.

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Authoritative Principles

Back 3

Rules of conduct to guide judges while making legal decisions

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Primary Sources

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Original sources of law, such as customs and conventions, religious doctrines, and social and philosophical views, which have been influential in shaping substantive law.

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Secondary Sources

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Laws that have been written down and are legally binding (e.g. constitution, legal statutes, common law)

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Customs

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Unwritten laws that may become established by long practice

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Conventions

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Refer to agreements or arrangements that are not necessarily part of an obligation on the parties involved (e.g. Geneva Convention)

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Statute

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A law that is enacted by the government. It is passed by our elected representatives at either the federal or provincial level. à (Often lengthy, detailed documents which serve to ensure and better the lives of Canadians)

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Common Law

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a) refers to the law that comes from Britain

​​b) It means the law that is common to all and applies to all subjects in the land

c) It means law that is based on past decisions of judges (known as judge-made or case law).

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Case Law

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A collection of judgements by judges on various cases.

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Rule of Precedent (stare decisis)

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The requirement that a court follow the reasoning of a higher court in a previously decided case having similar facts.

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Uniformity

Back 12

Consistent decisions in similar cases

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Impartiality

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Unbiased or unprejudiced

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Ratio Decidendi (“reason for deciding”)

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A statement of the legal rule that the Court used to make its decision. The ratio identifies what is important about a case from a legal perspective and also what effect it might have on society. --->> Part of a court’s decision that captures the essence of its legal reasoning

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Civil Law

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(1)a branch of law that governs the relations between individuals. (2) a system of law based on codified or statute law.

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Adversarial Trial System

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where two parties, represented by lawyers, argue a case in front of an impartial judge who weighs the evidence presented and makes a decision.

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Inquisitorial Trial System

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– Allows the judge to ask questions, including questions to the accused, and take a more active role in the trial proceedings.

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Trial by Ordeal

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A judicial practice in which the guilt or innocence of the accused is determined by subjecting them to a painful task. If either task is completed without injury, or if the injuries sustained healed quickly,the accused is considered innocent.

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Trial by Combat

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A judicial practice in which the guilt or innocence of the accused is determined by participating in a duel. It was founded on the belief that God would grant victory to the innocent party. Trial by combat is said to be the forerunner of the adversarial system which relies on a mental battle of wits in the courtroom rather than a physical battle.

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Differentiatebetween civil law and common law?

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- Civil law refers to the type in which all laws are codified in statutes and it also governs relations between people.

- Common law comes from Britain, applies to all people, and is based on precedent.

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Differentiatebetween trial by ordeal and trial by combat.

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Trial by ordeal involves a painful task and trial by combat involves a duel.

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Substantive Law

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The body of laws described in our various statutes, codes and judicial decisions.These are enacted by the government and creates, defines, and regulates the rights and obligations of citizens. It is an explanation of what we can and cannot do in Canada. (E.g. Highway Traffic Act or Criminal Code)

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Procedural Law

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The proper steps and processes that must be applied and the rules that must be followed in any legal action, by which the law is enforced. (Includes the collection of evidence, enforcement of rights, and formal steps). à e.g. arresting officers must follow proper arrest procedures and rules pertaining to the collection of evidence

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Private or Civil Law

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Law that involves disputes between individual citizens and / or private entities such as corporations. (Ex. include: tort, property,contract, estate, corporate, consumer, and family law)

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Tort Law

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Branch of civil law dealing with the right compensation for damages resulting from another party’s unlawful action or negligence.

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Contract Law

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Upholdslegal agreements and determines whether a promise to exchange or sell goods orservices shall be legally binding. (e.g. when one party fails to uphold theterms of an agreement)

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Estate Law

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– (Succession Law) involves the making of a will and inheritance rights it also deals with the degree, nature, and extent of an interest in ownership of land or property and how it is to be divided after death

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Corporate Law

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Thelaw that governs the rules and regulates associated with public and privatecorporations (e.g. corporate contracts, company mergers, stock exchange)

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Consumer Law

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Provides protection for consumers regarding the purchaseand safety of products and services (e.g. Consumer Protection Act and yourrights as a consumer for the items you buy)

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Family Law

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Governs legal relations between family members along with the rights and obligations towards one another (e.g. marriage, child support, custody of children, separation, divorce)

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Public Law

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Deals with / regulates the relationship between the state and the individual.(Examples include: constitutional law, administrative law, and criminal law).

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Constitutional Law

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Law that refers to the principles, rules, regulations, and laws that define the elements of the government of a country (e.g. BNA Act à defines the political, governmental, and legal structure of the state)

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Administrative Law

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Involves government agencies that are set up by the legislature to make decisions on certain matters. (The government and the laws passed by them and the individual). E.g. àimmigration + refugee tribunals, worker’s compensation board, labour relations tribunals, government agreements, housing boards, welfare compensation.

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Criminal Law

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Regulates conduct that may be harmful to another individual or society as a whole. Deals with relations b/w the state and individual. (e.g. criminal code, Youth Criminal Justice Act, Controlled Drugs and Substances Act)

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Domestic Law

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The laws an independent nation or state can make and enforce within its own defined territory or boundaries. (E.g. difference in laws b/w Canada and the U.S. à the death penalty)

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International Law

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Binding customs, rules, and agreements between independent states to ensure orderly conduct within the global /international community. (e.g. UDHR and the Kyoto Protocol)

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Define private law.

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Refers to the legal rules that govern relationships between individuals and other individuals and organizations.

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Define public law

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Refers to those laws that govern and regulate the interactions of the state and its subjects.

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7 Types of private law

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Corporate, consumer, contract, tort, family, estate, and property law

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Case Citation

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The name of a case including the parties involved, the place in which the case was heard, and the year of the trial.

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“Style of Cause”

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Section of a case brief identifying the parties involved in the case

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Judicial Reasoning

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A process used by judges in making decisions in which abstract legal concepts are applied to one another to form rules and systems.

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Democracy

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A form of government in which the power resides in, and is exercised by, the people through a system of representation (form of government in which citizens participate in the making of public decisions through a system of elected representation)

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Sovereignty

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Nation states are free to impose whatever laws they choose within their own territories/ boundaries (includes drafting and enforcement of laws)

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Jurisdiction

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Refers to the parameters within which power or authority may be exercised.

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Power

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The right ability or authority to do something which may be achieved through legal or illegal means (The ability to act or refrain from acting).

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Authority

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The legal power to command, act, implement, and enforce laws.

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Legitimacy

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(1) That which is lawful or recognized in law; (2) the right to inherit property or title

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Ownership

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The exclusive right of possession of a property, title, or thing (Being the legitimate owner)

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Rights

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Can refer to that which is correct or just, or it can mean a legal entitlement to a particular property or possession

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Duties

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Ensures that rights are provided; corresponds with a right and it is an obligation.

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Equality

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Means treating everyone in the same manner with the same tights, privileges, and duties (Refers to that which might render an action or wrong).

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Equity

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Means treating people according to the principles of fairness. The concept of administering justice according to fairness that is, treating cases alike and different cases differently.

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Morality

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A concept that pertains to character, conduct, and the general principles of right conduct. (A standard of right and wrong)

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Humanity

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The concept of kindness and respect toward all people. (Kindness toward humankind).

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What is the meaningand significance of judicial reasoning?

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It refers to a process used by judges in making decisions in which abstract legal concepts are applied to one another to form rules and systems.

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Law

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- A body of enforceable rules governing relationships among individuals and between individuals and their society

- Aset of rules, impartially applied for regulating human behaviour and settling disputes

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Justice

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– A legal concept that is characterized by the fair distribution of advantages and burdens; in law the concept of treating like cases alike and different cases differently.

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Distributive Justice

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There should be a fair distribution of honours and rewards by the state to the people according to merit, or worth.

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Divine Law

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Moral principles that are ascribed to God and cannot be changed or overruled.

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Natural Law

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(1) Unchanging moral principles common to all people, who strive to be good; (2) an observable law relating to things that occur in nature.

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Positive Law

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Laws that are enacted and adopted by government (positive law supporters agree that positive law may or may not be based on the principles of natural law). They are the written laws of a particular society at a particular point in time.

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Legal Formalism

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A theory arguing that law consists of a body of rules and nothing more, and that the role of a judge is to apply these rules.

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Legal Realism

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A theory that rejects the principles of legal formalism and argues that law, itself is often vague, uncertain, and frequently influenced by views of judges.

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Secular

Back 65

non-spiritual or non-religious beliefs

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Religion

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A formal system of beliefs and worship. A belief system that ascribes to the existence of superior beings who exercise power and control over humans by imposing rules of conduct and future rewards and punishments.

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Morality

Back 67

Pertains to character, conduct, and the general principles of right conduct

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Divine Right of Kings

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A theory that a sovereign or king ruled because he had the divine, or God-given right to do so