Intro to Law Chapter #2

  1. Ancient forms of action
    during the early development of the common law, by royal order no new causes of actions could be added to the law, this resulted in the existing causes of action becoming frozen and ridged over a long period. These frozen causes of actions are refers to as ancient form of action
  2. Appellate Court
    A court that reviews the decision of lower courts or courts of first intense for errors of factor law
  3. Article
    In the civil code system, specific rules or groups of rules
  4. Case at bar
    The case currently being tried before a court.
  5. Case Law
    Legal rules derived from decided cases
  6. Cause of Action
    Facts that give rise to a right to sue based on a legal rule or legal right.
  7. Chancellor
    The royal official who originally administered the law of equity
  8. Codification
    A process that results in a coherent, theoretically relates and logically consistent system of rules
  9. “Come in to court with clean hands
    A principal of law equity that requires someone seeking to invoked equitable rules to have conducted himself or herself fairly and honourably in the event leading up to the lawsuit and the lawsuit it self
  10. Common Law
    The Anglo-Canadian system of law that features decided cases as a principal sources of law. Also used as a synonym for case La , as distinguished from law based on statutes
  11. Court of first instance
    The court in which a dispute is first heard and a decision is made, also called trial court.
  12. Distinguished cases
    showing how the facts of a case are significantly different from the facts of the case that has been cited as a precedent case
  13. Deductive reasoning
    A reasoning process where one draws specific, narrow conclusions based on an analysis of a general principal
  14. Doctrine
    In civil code system, secondary sources of law that explain and expand on the articles in the codes that are the primary source of laws.
  15. Doctrine of Parliamentary supremacy
    In a parliamentary system of government like Canada’s, the legislative bodies at the federal and provincial levels are free to make whatever laws they wish within there owns spheres , the court cannot overrule them, and are limited to interpreting what the legislature intended . The doctrine has been weaker somewhat by the charter of rights and freedoms.
  16. Equitable remedies
    A class of remedies that supplement and expand the principal remedies available at common law
  17. Federal State
    One in which the power of govern is divided between two or more levels of government. Each level of government usually has supreme governing power within its own sphere, the other level of government cannot interfere with the exercise of jurisdiction.
  18. Hierarchy of the courts
    An idea that any judicial system the courts can be ranked in terms of their power and jurisdiction.
  19. Inductive reasoning
    A reasoning process where one makes general conclusions based on an analysis of particular facts
  20. Injunction
    A court remedy, developed under the law of equity, where the court can order someone to do something or to refrain from doing.
  21. Jurisdiction
    The power or authority of a court to decided matter before it
  22. Law of equity
    Developed in the early common law period as an administrative response to the rigidity and occasional unfairness of the common law courts, the law of equity prevails over the common law, where there is a conflict between the two.
  23. Obiter dicta
    An opinion or principal of law stated in reasons for the judgement which is not the principal that decided the cases, for the reason an obiter opinion has little precedent value
  24. Persuasive
    In the context of star decisis, a case is to be conceded persuasive if it should be accord respect and should be fallowed but is not biding
  25. Precedent case
    An earlier case that is similar in facts to the case at bar so that it can be determine the legal results in the case bar. To follow the precedent means that the judge, having found case to be precedent applies the rules from case to the case at bar
  26. Private Law
    The law governing legal relationship between individuals
  27. Public Law
    The law relating to the operation of the government, covering relations between the citizen and the state
  28. Ratio
    The reason for decision ,or principal on which the legal outcome of the case can be determined.
  29. Stare Decisis
    A legal doctrine that says that a case determined to be a precedent must be followed even if a judge does not favour results that must come from application of the precedent.
  30. Statuary law
    law based on a statute, can be contrasted with law derived from cases called case law.
Card Set
Intro to Law Chapter #2
Defenition of Chapter #2