samuel goldstein <3

warranty is the protection of the ____, not the ______

seller, buyer

what is law

rules and regulations for the world to live by

is all law good

no

law is a ___ of bad and good

flow

is law consistent or always right? why

no. law is people made and can be wrong

where does contemporary law come from

customs, religion

two types of law

statute law and common law

what is statute law

law made by the government (bills, statutes, etc)

what is common law

law created by judges and previous court cases (precedent)

stare decisis

applying the judgement of a previous case when the current case presents similar facts

why is ignorance of the law no excuse

everyone is presumed to know the law

why are there two legal systems

statute makes the skeleton, common interprets and applies the statute

What is jurisprudence?

legal system

how long is the criminal code of canada

2000 pages

what is in the criminal code of canada

charter of rights and freedoms, controlled drugs and substances act, youth criminal justice act

current reasons for divorce

adultery, physical or mental cruelty, intentional separation for more than 1 year

right

the ability to legally do a thing with the law's support

privileges

actions that can be taken by an individual under specific circumstances and that may be withdrawn or limited by the state

what is a law in its most basic form?

an obligatory rule of conduct

what does the law represent?

a means of social control

what is "The Law"?

rules of conduct laid down by a sovereign or governing body to control the actions of individuals in its jurisdiction

the law develops to:

meet the needs of the people in a free society

the law changes to:

meet changing needs of the people in a free society

three functions of law

1. Settling Disputes

2. Establishment of Rules - to bring order and minimize conflict

3. Protection - of one's self, possessions, ideas.

how were the earliest laws passed down

orally

what were early attempts to prevent disruptive behaviour?

a selection of individuals (often elders) to hear disputes and recommend methods of settlement

when were governing organizations in communities formed?

until the village way of living gave way to the establishment of the city

what are the Year Books?

reports of cases discussed in common law

when did the Year Books include reasons for court decisions?

1477 with the invention of printing in england

when were law reports common?

the sixteenth century

what was the benefit of law reports and the recording of court decisions?

allowed for the determination of common law through stare decisis

what is common law similar to (in vibes)

the english language; willing to borrow as needed to fit a need

canon law

law developed by church courts, often included in common law

law merchant

in commercial law, the rules devised by merchants in Europe over several centuries to govern their trade; many of these rules were formally adopted into common law

principles of equity

law created by the king to override common law to make a "fair" decision. can be used by a judge instead of common law to make a fair and just result

what is included in common law

stare decisis, canon law, law merchant

are the principles of equity part of common law

no

advantage to statute law over common law

statute law can be easier changed to meet societal needs. common law is very slow to change

steps in creation of statute law:

1. bill

2. motion

3. royal assent

4. Proclaimed

bill

a proposed law

motion of a bill

decision to be read in parliament, is first step toward legislative approval

royal assent

approval of a bill by the sovereign (the king)

proclaimed law

when a bill becomes law

what steps does a bill follow in legislative assembly

1. motion (decision to read for first time)

2. second reading (debated in principle(

3. study (in clause-by clause basis), possible amendments

4. passed (to the royals)

what is a constitution?

a written document setting out both fundamental rights and freedoms of citizens and the law-making powers of legislative bodies

What is in the Canadian Constitution?

Canadian charter of rights and freedoms, the british north america act, and a bunch of amendments

What does the Canadian Charter of Rights and Freedoms do?

sets out the basic rights and freedoms of all Canadians

how do you change the charter of rights and freedoms?

an act of parliament consented to by at least two thirds of the provinces that together contain at least 50% of the country's population

what is the limitation of the charter of rights and freedoms?

reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

why are there limitations to the charter of rights and freedoms? (example)

so the rights of a single individual are not exercised to the detriment of the rights of the public

4 fundamental freedoms

1. Freedom of conscience and religion

2. Freedom of thought, belief, opinion and expression, including freedom of the press and other media communication.

3. freedom of peaceful assembly

4. freedom of association

substantive law

laws that set out the rights and duties of individuals

procedural law

laws that set out how individuals can enforce their substantive law rights or duties

two categories of substantive law

public and private

public law

relationship to individual and government (or its agencies)

two examples of public law

criminal code, income tax act, highway traffic acts

private law

the relationship between individuals

5 steps to the canadian judicial system (low to high)

justice of the peace, provincial court, kings bench court, court of appeal, supreme court of canada

administrative tribunals

agencies created by legislation to regulate specific activities or do specific things

who grants the right to practice a profession

the related profession board or other administrative tribunal

what is the purpose of the justice of the peace

you can phone them for legal help / to get ahold of your lawyer

Plaintiff

a person who brings a case against another in a court of law.

Defendant

an individual or group being sued or charged with a crime

respondent

defendant in an appealed lawsuit

appellant

a person who files an appeal of a lawsuit

criminal matters

state vs individual

civil matters

individual vs individual

3 acts to a court case

facts, decision, reason of the decision

what can be used as reasons for the decision in a court case

precedent, facts, principles of law

two categories of civil law

summary conviction, indictable offence

penalties for a summary conviction

fine of up to $5000, 6 months in prison (unless otherwise stated)

when can you be charged under the criminal code (age)

12 years, and 18 years as an adult

who has jurisdiction over summary convictions

provincial court

who has jurisdiction over indictable offenses?

the provincial court, except those with the right of election

when is a summary conviction entitled to a preliminary hearing

when a right of election chooses the kings bench and the possible sentence is 15 years or more

Indictable offence

A more serious crime that carries a heavier penalty

1st degree murder

premeditated murder

2nd degree murder

unplanned but intentional murder

what is the sentence for murder

life.

when can you apply for parole for murder 2

10 years

when can you apply for parole in murder 1

25 years

what is a right of election

you choose where you want to be tried in court

what are your options in a right of election

1. court of kings bench (judge)

2. court of kings bench (judge + jury)

3. provincial court

What is a preliminary hearing?

a trial before the trial with the provincial court where the judge decides if there is enough evidence to hold a trial

what is a spousal relationship (common law)

when two individuals cohabit continuously for a period longer than 2 years

what might family law division cover?

marriage and spousal relationships, divorce + annulment, custody and access, apprehension of neglected children, matrimonial property

What is a prenuptial agreement?

An agreement entered into in contemplation of marriage, specifying the rights and ownership of the parties' property.

contract

agreement made between two or more capable persons for a legal consideration to do or not do some lawful and genuinely intended act

5 contract elements

capacity of the parties, mutual agreements, genuine intention, legal consideration, lawful subject matter

who does not have the capacity to enter contracts

infacts, intoxicated/incompetent, bankrupt, enemy alien

what does a void contract mean

set aside like it never existed

What does a voidable contract mean?

can be voided, or can be enforced

are parents typically liable for the wrongdoings of children?

no, unless the parents was aware the child was going to to the act

what can be legally enforced in a contract, and is always parents liability if a child steals?

necessaries (food, shelter, clothing)

what are intoxicated people liable for in a contract

exchange for necessaries

can bankrupt parties enter contracts

no

what is an alien

a non-citizen

what is an enemy alien

non citizen from a country in active war against canada

can aliens enter contracts

yes, unless they are enemy aliens

whats an executory contract

contract to be filled in future