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COMM 315 final exam with actual questions and answers Concordia University
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COMM 315 final exam with actual questionsand answers Concordia University
Public Law - governs the relationship between citizens and their state or nation or country
(criminal law, taxation law, language law)
Private Law - rules that regulate the legal relationship and obligations between individual
citizens
(contract law, commercial law, property law)
Law - a system of principles and rules of human conduct
Domains of law - 1) private
2) public
Civil law - - the fundamental basis for law resides in legislation
- Each decision rendered by a court must be based on the letter of the law, without taking into
account any previous judgements
- It emphasizes legislative supremacy
- French based system
Common Law - - the basis for law is grounded in the principle of precedence and case law or
jurisprudence
- every decision must take into account past judgements of a similar nature
- if cases are divergent then a new law may be made
- it emphasizes judge made law
Substantive Law - that part of the law where we can find the "substance" of our rights
Adjectival Law - contains the procedures enabling us to obtain what is rightfully ours under the
substantive law
Debtor - a person who owes money, services or goods to someone
Creditor - A person who claims to be owed money services or goods by someone
class action suit - multiple creditors who are not associated wish to undertake legal proceedings
against a common debtor together
Where to file - 1) the defendant lives
2) the defendant has property
, 3) the whole cause of the action has arisen
4) the contract that gives rise to the action was made
5) the property in dispute is situated
Prescription - the legal method which the civil law establishes for a person to acquire or to lose
rights by the mere lapse of time
statute of limitations - sets the prescription periods for common law
elements that make up the legal system - 1) structure
2) law
3) administration and enforcement
The Canadian Legislative process (federal) - 1) House of Commons
2) Senate
3) Queen
The Quebec Legislative process - 1) National Assembly
2) Queen
Statute Law - deals with only one subject
ie. Taxation, insurance, bankruptcy
Code Law - deals with many subjects in a broad area
ie. The civil code
Jurisprudence - found in the judgements of the courts rendered in past cases. These collectively
form an ever growing body of case law
Doctrine - a written commentary on the law made by highly respected lawyers and judges
Customs - commonly accepted in a particular community or industry
sources of law - 1) Constitution
2) statutes
3) Case law (jurisprudence)
4) Doctrine
5) customs/traditions
System of Law - civil or common
Ethics - a set of principles or moral values of a society, distinguishing right from wrong
Criminal Law - a person is accused of criminal behaviour and may be found guilty or innocent
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