Business Law-Chapter 1: The Canadian
Legal System
Law - ANS -the body of rules that can be enforced by the courts or by other government
agencies
Does law define ethical behavior? - ANS -no
What are the 4 categories of law? - ANS --substantive law
-procedural law
-public law
-private or civil law
substantive law - ANS -Rules governing behavior, including rights and obligations
Procedural Law - ANS -How the legal process works, and the processes involved in enforcing
the law
Public law - ANS -Regulates our relationship with the government(including criminal law and
government regulations), the main objective is to examine the rules governing business
interactions
Civil or Private Law - ANS -Regulates personal, social, and business relationships
-enables a person to sue someone who has injured them
Domestic law - ANS -Rules governing interactions between persons in Canada
International Law - ANS -Rules governing interactions between people in different countries or
nations.
Defendant - ANS -The person being sued
Plantiff - ANS -The person suing
In special cases, what is the person bringing a matter before the judge called? - ANS --an
applicant
-the opposing party is the respondent
What are the parties referred to when one party is dissatisfied with the decision and appeals to
a higher court? - ANS -Appellant and respondent
, English speaking provinces adopted what legal system? - ANS -The law used in England-
known as common law legal system
What legal system did Quebec adopt? - ANS -The french legal system- based on the
napoleonic code (aka the french civil code)
What is the Civil Code Legal System - ANS --Codified body of rules setting out general
principles that are applied by the courts to the problem before them
-Used in most countries
Where did the civil code legal system originate? - ANS -Originated with the Romans; later
modified by Napoleon
In the civil code legal system are judges bound by precedent? - ANS -no, the judge is not
bound by precedent, but must apply the provisions of the code
Where did the common law legal system originate? - ANS -Great Britain and the
Commonwealth
Common Law Legal System - ANS -Judge-made law
-Developed in the courts
-Based on precedent or stare decisis
stare decisis - ANS -Bound to follow precedent case if:
-Decision made by higher court
-In the same jurisdiction
-Based on similar facts
May distinguish cases on the facts
Distinguishing cases - ANS -When the judge files a report, and explains why he/she chose to
follow one precedent over another
Elements of a case - ANS --parties
-facts
-history of action
-issues
-decision
-reasons
-ratio
Facts - ANS -A brief description of what happened to give rise to the dispute between the
parties
Legal System
Law - ANS -the body of rules that can be enforced by the courts or by other government
agencies
Does law define ethical behavior? - ANS -no
What are the 4 categories of law? - ANS --substantive law
-procedural law
-public law
-private or civil law
substantive law - ANS -Rules governing behavior, including rights and obligations
Procedural Law - ANS -How the legal process works, and the processes involved in enforcing
the law
Public law - ANS -Regulates our relationship with the government(including criminal law and
government regulations), the main objective is to examine the rules governing business
interactions
Civil or Private Law - ANS -Regulates personal, social, and business relationships
-enables a person to sue someone who has injured them
Domestic law - ANS -Rules governing interactions between persons in Canada
International Law - ANS -Rules governing interactions between people in different countries or
nations.
Defendant - ANS -The person being sued
Plantiff - ANS -The person suing
In special cases, what is the person bringing a matter before the judge called? - ANS --an
applicant
-the opposing party is the respondent
What are the parties referred to when one party is dissatisfied with the decision and appeals to
a higher court? - ANS -Appellant and respondent
, English speaking provinces adopted what legal system? - ANS -The law used in England-
known as common law legal system
What legal system did Quebec adopt? - ANS -The french legal system- based on the
napoleonic code (aka the french civil code)
What is the Civil Code Legal System - ANS --Codified body of rules setting out general
principles that are applied by the courts to the problem before them
-Used in most countries
Where did the civil code legal system originate? - ANS -Originated with the Romans; later
modified by Napoleon
In the civil code legal system are judges bound by precedent? - ANS -no, the judge is not
bound by precedent, but must apply the provisions of the code
Where did the common law legal system originate? - ANS -Great Britain and the
Commonwealth
Common Law Legal System - ANS -Judge-made law
-Developed in the courts
-Based on precedent or stare decisis
stare decisis - ANS -Bound to follow precedent case if:
-Decision made by higher court
-In the same jurisdiction
-Based on similar facts
May distinguish cases on the facts
Distinguishing cases - ANS -When the judge files a report, and explains why he/she chose to
follow one precedent over another
Elements of a case - ANS --parties
-facts
-history of action
-issues
-decision
-reasons
-ratio
Facts - ANS -A brief description of what happened to give rise to the dispute between the
parties
