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Intro to Law

Test 1

QuestionAnswer
What is the difference between a law and a social norm? social norm is a behaviour that is expected in a social environment however members are not obliged to comply as there is no sanction to be applied if they don't. Laws are rules imposed on us by an external body and sanctions will be applied if they are n
What is the rule of law? No one is above the law, including rule makers and enforcers.
What are three characteristics of a functional legal system? laws must be general in their application, must be clear, and should not be contradictory.
What is a norm? A norm is a behaviour pattern that is expected of society
What is socialization? how we learn the norms & values of our society through interaction in different social institutions
What does a legal system consist of? legal rules, principles, institutions, procedures
What are the primary sources of law? common law (developed in courts) and statute law (developed in the legislature or by parliament)
What is the first case in a system of precedent called? precedent case
What is the reason for the courts decision called? the ratio of the case
What do later cases do in a system of precedent? refine and expand the rules developed in precedent cases. The rule can be flexible so that it can be applied to different sets of facts
What are the 2 key concepts in a precedent case? Stare decisis (to stand by things decided) Hierarchy of courts (classification & ranking of courts based on their power/ authority)
What are the classifications of courts? courts of first instance (trial courts, where legal disputes are first heard) appellate courts (review the decision of courts of first instance & correct errors made by lower courts)
What is jurisdiction based on? Geographic location, monetary amounts, subject matter
What makes a law binding? A law is binding when a higher court makes a decision. The Supreme Court is binding on all courts below it to follow suit. The provincial court of appeal binds all courts below it, a decision of the superior trial court binds all below that and the lower
How do you avoid precedent? distinguish a case on its facts, obiter dicta, per incuriam
What is the Doctrine of Parliamentary Supremacy when statute law and common law conflict, statute law is paramount
In our society appeals to magic/ supernatural are not entirely absent in traditional societies, the rule of recognition often involves magic either on its own or with religion. Supernatural origins go a long way towards getting peoples attn. 10 commandments for ex. are revealed by Moses to get people's attention. Formal cou
What does a legal system consist of? rules principles, institutions, and procedures
What does it mean when a judge is on circuit and do they still go on circuit? It means they travel out of their realm to hear cases brought to them. They still go on circuit to this day.
What is one of the two names for the reason for a decision? ratio of the case
What two types of decisions are persuasive? decisions made by judges in the same jurisdiction or decisions made by judges in other jurisdictions who are highly respected for their legal knowledge/ expertise
Name one way to avoid precedent distinguish a case on its facts. A legal representative may argue this case is not precedent as the materials and relevant facts may differ from the case at bar
what does case at bar mean the case currently being tried before the court
What does it mean to come to court with "clean hands" to have no prior convictions/ wrongdoings
Name two powerful equitable remedies still available today injunctions and orders for a specific performance of contracts
Created by: Kelseym98
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