The Divisions and Sources of Law

Flashcards covering key concepts from the lecture on the divisions and sources of law.

Rule of Law

The principle that governs a society by laws, ensuring that no one, including the government, is above the law.

Positive Law

Laws made by people through a recognized or valid legal process, such as legislation or case law.

International Law

Law that governs relationships between countries and sets international standards of behavior.

Domestic Law

Laws governing relationships between people within a specific country.

Procedural Law

Law that outlines the process for resolving legal disputes without predicting case outcomes.

Substantive Law

Law that specifies the legal rights and responsibilities of individuals.

Public Law

Law that involves public interest and affects society broadly, including Constitutional, Criminal, and Administrative Law.

Constitutional Law

Sets out the legal framework for political and legal systems, promoting core values important to society.

Criminal Law

Law that prohibits and punishes serious offenses against people and property.

Administrative Law

Governs the behavior of government and ensures it acts according to the law while providing fair processes.

Taxation Law

Gives government authority to levy taxes on the public to fund necessary services.

What are the two things to remember about the law and legal system in Canada?

1. The law isn’t neutral, they reflect people’s values and biases

2. The government can only act according to the law, so you can sue them if they act illegally

What are the two most basic/general divisions of law?

Positive Law and Other Conceptions of Law

What are the two branches of Positive Law?

International and Domestic

What are the branches of domestic law?

substantive and procedural

What are the branches of substantive law?

Public and private

What are the branches of public law?

constitutional, criminal, administrative, taxation

What are the branches of private law?

contract, property, tort