Flash cards
what is procedural law?
Procedural law is put in place to properly follow substantive law. Eg. Taking a breathalyzer after being pulled over for a DUI
What is private law
Law that is deamed Civil. Eg: Family law, properly law, contract law
What is public law
Public law regulated actives between the state and citizens of the state: Administrative, Constitutional, Criminal
What is positive law?
Law should be followed because it is law
Natural law
Fundamental principles that always morally correct
Legal realism
laws are upheld and applied according to the individual law maker
Critical legal theory
Laws reflect and are used by powerful groups to benefit themselves despite the legal bias
How do lobby groups make changes to law?
creating ads, movements, and having strong connections in the political field to convince the public to back their laws and get them passed
What is family law? give an example
Family law is law in regards to marriage, domestic abuse, child custody, divorce
Congested divorce definition
When parties disagree during the divorce proceeding, thus making a messg divorce
What is the Rule of law
1. The law applies equally to everyone
2. Law is necessary to keep peaceful order
3. No one is above the law, everyone is subjected to the law
What was the Roncarelli V Duplessis case what rule of law was violated?
Roncarelli was a business owner in Montreal and Duplessis the primer of Montreal wanted to shut down Roncarelli's business due to him being a Jehovah's witness. He was deemed out of his jurisdiction when he stripped Roncarelli of his business licence. It was deemed unconditional because Duplessis didn't have jurisdiction to remove his licence.
Influence on Canadian Law - historical
Judo-Christianity, French charter, British Charter, Romans, Greeks
Why is judicial impartiality important?
Judges and others involved in the law have the legal duty to hear all sides of the dispute and apply the law with hardcore evidence
How would Legal Realism view the case of Oliver Diaz
Diaz's case shows how politics, money, and media can impact legal decisions, beyond just following the written law, reflecting the core idea of legal realism
Who was Hammurabi?
The king of babblon and created 282 laws engraved over 3800 years ago
Hammurabi's Code
"an eye for an eye" At the time society used hierarchical punishment depending on the status of the individual. Eg. Slave being put to death for minimal offense. Being given harsher punishment due to status in society
Morality
What is right or wrong according to societal or personal beliefs
a Law
A law is a set of rules made by a government or authority that tells people what they can and can't do
How did battered women's syndrome become a valid defense?
Battered Women's Syndrome became a valid defense when people started to understand how constant abuse can affect someone’s mind.
Psychologists found that women in abusive relationships might act in self-defense because they feel trapped and always in danger
Occupiers Liability
Invitee - invited to property for business reasons (usually a service) entileld to most care because they're most vulnerable.
Licences - invited for social reasons
Trespassers - duty to refrain from intentionally injuring trespasser
Punitive damage
defendent with history is charged higher court fees as a punishment to force change in behavior
Tort law
someone was hurt/injured as a result of another person's unlawfulaction/negligence and is then owed compensation
Economic vs Non-econonic damages
Economic come with costs, usally life long while non-economic mental health issues and long term suffering
Tort reform
Limit civlians rights to go to court
what is jurisprudence
The study of the theory and philosophy of law rather than the study of the law