BLAW Terminologies

Law

A body of rules enforced by courts or government agencies.

Common Law

Judge-made law developed in courts; based on precedent.

Precedent

Court decision that must be followed in future similar cases.

Stare Decisis

Principle that courts follow precedent when deciding cases.

Equity (Law of Equity)

Supplement to common law; provides remedies when common law is too rigid.

Statute

Written laws created by Parliament or legislatures; overrides common law.

Parliamentary Supremacy

Parliament's laws take precedence over other forms of law.

Substantive Law

The "what" of the law; rules governing rights and duties.

Procedural Law

The "how" of the law; processes for enforcing substantive laws.

Public Law

Governs relationships between individuals and the government.

Private Law

Governs relationships between individuals, families, or businesses.

Civil Code

Codified laws (used in Quebec); less flexible than common law.

Division of Powers

Split of authority between federal (s.91) and provincial (s.92) governments.

Paramountcy

Federal law overrides provincial law when there is a conflict.

Constitution Act (1982)

Gave Canada full legal independence; includes the Charter of Rights and Freedoms.

Charter of Rights and Freedoms

Guarantees fundamental rights (e.g., freedom of expression, mobility, equality).

Civil Litigation

Legal dispute between individuals; purpose is compensation.

Criminal Litigation

Legal action by the Crown against an accused; purpose is punishment.

Burden of Proof

Level of proof needed: Civil — Balance of probabilities (more likely than not). Criminal — Beyond a reasonable doubt (much stricter).

Damages

Monetary compensation: General → Non-quantifiable losses (e.g., pain). Special → Quantifiable losses (e.g., medical bills). Punitive → To punish the wrongdoer.

Equitable Remedies

Non-monetary solutions (e.g., injunction, specific performance).

Class Action Lawsuit

One person represents a group with similar claims.

Alternative Dispute Resolution (ADR)

Solving disputes outside courts: Negotiation → Informal, parties work it out. Mediation → Neutral facilitator, non-binding. Arbitration → Neutral third party makes a binding decision.

Intellectual Property (IP)

Intangible personal property that is valuable business asset.

Copyright

Protects original literary, dramatic, musical, artistic works; automatic protection.

Patent

Protects new, novel, useful inventions; requires registration; 20-year protection.

Trademark

Protects names, symbols, logos, distinctive marks associated with business.

Trade Secret

Confidential business information that provides competitive advantage.

Moral Rights

Creator's right to be credited and prevent unauthorized modifications.

Prior Art

Existing knowledge/inventions that prevent something from being patented.

Infringement

Unauthorized use of someone else's IP rights.

Anton Piller Order

Court order to seize infringing products before they can be destroyed.

Electronic Commerce (E-Commerce)

Purchase and sale of goods & services at retail level + goods and services exchanged between businesses online.

Jurisdiction

The authority of a court to hear and decide a case; which legal system/location has power over a dispute.

Territorial Competence

Test used to determine when local courts have jurisdiction over a matter.

Real and Substantial Connection

Test used by Canadian courts to find jurisdiction when there is a genuine link between the act complained of and the jurisdiction.

Defendant

The party being sued or accused in a legal case.

Plaintiff

The party bringing a lawsuit or legal claim.

Resident

Person who ordinarily lives in a particular jurisdiction.

Wrongful Act

An action that causes harm and may give rise to legal liability.