LPJP study1.doc

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Department
Political Science
Course
POLS 3130
Professor
Dennis Baker
Semester
Winter

Description
Systems of Law  Civil Law - someone doing something in advance, single author, figured out law logically (proactive) - civil law is only used in Quebec for private law - comprehensive codification, written codes; written constitutions - deductively applying principles in code to dispute before the court  Common Law - based off experience, figure out law through experiences, over time rules become solidified and based off the experience is how laws come about, many variations (reactive; experiential) - organic, and experiential, case law (judge made law, common law); legislation; written and unwritten constitution - stare decisis = deciding like cases alike (precedence) Categories of Law Private  Tort = actionable wrong committed against the person, property or reputation of another for which a remedy is provided - e.g. assault battery, trespassing defamation, kidnapping or negligence  Contract = binding legal agreements made by mutual consent - e.g. offer, acceptance and consideration  Family = marriage divorce, custody, support payments  Property = laws relating to rights ‘in’ something (ownership) - e.g. land, personal property or intellectual property  To see for tort you need a duty of care = reasonably foreseeable Public  Administrative = provides legal standards to govern the actions of governmental officials  Criminal = rules of wrongs committed against property, persons or state that are considered detrimental to society as a whole, all offences statutory  Constitutional = supreme law Public Law  Federal = criminal law, administrative law, tax law  Provincial = quasi-criminal
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