POLS 3130 Study Guide - Canadian Food Inspection Agency

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Published on 17 Apr 2013
Course
Professor
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 (traffic laws), administrative law (education, labour,
environment), tax law
Private Law
Federal = family law, copyright law, commercial law
Provincial = family law, tort law, contract law, commercial law
Situations
- A person slips on a wet floor in a department store in B.C. and sues
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Document Summary

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. 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. Federal = criminal law, administrative law, tax law. Provincial = quasi-criminal (traffic laws), administrative law (education, labour, environment), tax law. Federal = family law, copyright law, commercial law. Provincial = family law, tort law, contract law, commercial law.

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