Phase 1 - Chapter 2
Define Common Law
a system of law made up of principles and rules of action based uon the ancient customs and usages of the people of a nation that have been rexognized, affirmed, or enforced by the courts
- includes both common law and equitbale pricniples and rules found in judical decisions
- uniformity created as a result of stare decisis
Doctrine of Stare Decisis
Let the former decision stand
Specific Performance
the court, rather than granting damages in lieu of performance, orders that the terms of the contract be carried out by the party in defualt
Statue Law
- laws passed b federal, provincal and municipal governments
- federal and prvoicnal powers foudn in the constituation
- municial power carved out of of prvincial power
- used to change the common law or to create rules in areas untouched by the common law
Private Law (Civil law)
Law that deals with disputes between two or more individuals
No direct concern to the state
contracts, agency and tort law are civil law matters
Public Law
the law that regualtes disputes between idivdual and the public as a whole
Mediation Vs. Arbitration
abritration, after reviewing the evidence and arguemtns from the parties will make a bindicng deciosn
meditator, works to assist hte parties to acheive a consensual binding agreement themselves
Limitation Periods
- 2 years
- begins the day the claim is discovered
- ULP of 15 years (ultimate limitation period)
- if defendnet acknowlseds liabilty then both liiation periods are reset to begin date of acknowledgement
What is the law that deals with disputes between two or more individuals referred to as?
private law
What does the principle of stare decisis entail?
To abide by prior decisions and not to disturb the doctrine of the courts that, when the court has once laid down a principle of law applicable to a certain state of facts, it will adhere to that principle, and apply it to all future cases where the facts are substantially the same, regardless of whether the parties and property are the same.
In the common law, the term "equity" is best described as ____________.
the concept of justice being administered by the Courts according to fairness, as contrasted with the strictly formulated rules of common law. In law, the term "equity" denotes the spirit and habit of fairness, justice, and right dealing which would regulate interaction of person with person.
The first step in filing an appeal from the Small Claims Court is to __________.
appear before a judge to argue that there are legal or factual errors in the trial judge's order
The phrase "let the former decision stand" translates to _______.
stare decisis
In the context of public law, the term "public" may refer to what three scenarios?
(1) General, applying to all persons within the jurisdiction;
(2) local, applying to a geographical area;
(3) special, relating to an organization or authority charged with a public interest.
Execution can be described as __________.
the process of commencing proceedings to collect an amount owing by reason of judgment
When a court orders that the terms of the contract be carried out by the parties, rather than granting damages, it is referred to as ________.
specific performance
The system of law made up of principles and rules of action, based upon the ancient customs and usages of the people of a nation which have been recognized, affirmed, or enforced by the courts is referred to as the ___________.
common law
What is the law that regulates disputes between individuals and the state referred to as?
public law
The Limitations Act
If a potential defendant acknowledges liability , the ULP is reset to begin on the date of acknowledgement
Process of Execution
commenicng proceedings, such as seizing and selling a judment debtors assess to collect an amount owing by a reson of a judgement
Courts of Original Jurisdiction
trial courts, in which all evidence is presented