nature and origins of the law

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Last updated 6:30 AM on 9/26/26
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8 Terms

1
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law

a rule or set of rules governing a person’s conduct

2
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purpose of law

  1. protection of people, property, and goods

  2. upholding public morals

  3. regulate business

  4. protect the ruling class

  5. resolve conflict


3
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stare decisis

to stand by things decided

4
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flexibility

sometimes a case has slightly different facts so judges have discretion

5
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charter of rights

  • Freedoms — religion, assembly, opinion/expression

  • Legal rights — life, liberty and security; unreasonable search/seizure; no arbitrary detention; to be informed of reason for detention; to council

  • Equality Rights — age, religion, race, colour, nationality, sex, disability


6
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The law can be divided into 2 basic groups:

  • substantive law

  • procedural law


7
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substantive law

cases and statutes specifying a person’s rights and duties

  • e.g. the right to vote, to own property, contract, etc.


8
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procedural law

the process by which rights are protected and duties are enforced

  • e.g. appeal rights, arbitration