Law of Contract and English Legal History

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Questions and Answers

What does the blindfold of Lady Justice symbolize?

The authority of the state

The inability to see the truth

The impartiality of justice (correct)

The subjective nature of legal decisions

Which of the following is NOT a component of the symbol of Lady Justice?

Crown (correct)

Blindfold

Scales

Sword

What are the two primary sources of law mentioned in the content?

Common Law and Statute Law (correct)

Common Law and Case Law

Statute Law and Civil Law

Administrative Law and Procedural Law

Who is Lady Justice intended to represent?

The objective application of legal standards Signup and view all the answers

What primarily enforces the rules of law in society?

Social and governmental institutions Signup and view all the answers

What did Blackstone's 'Commentaries on the Laws of England' primarily aim to provide?

A comprehensive overview of English Law Signup and view all the answers

What area of law does 'Of Private Wrongs' primarily address?

Civil wrongs and torts Signup and view all the answers

Which topic is covered in 'The Rights of Persons' segment of Blackstone's work?

Family and Employment Law Signup and view all the answers

During which historical period did Blackstone's work emerge?

The age of Enlightenment Signup and view all the answers

Which of the following is NOT a volume of Blackstone's 'Commentaries'?

Of Inherited Products Signup and view all the answers

What type of law is primarily addressed under 'Of Public Wrongs'?

Criminal Law Signup and view all the answers

What significant topic is excluded from 'The Rights of Things'?

Chattels or Personal Property Signup and view all the answers

Which of the following legal frameworks developed before Blackstone's time stresses family and marriage issues?

Canon Law Signup and view all the answers

What year did the British North American Act come into effect?

1867 Signup and view all the answers

What document provided Canada with full legislative independence from the United Kingdom?

The Canada Act Signup and view all the answers

Which of the following is part of Canada's Constitution?

The Canadian Charter of Rights and Freedoms Signup and view all the answers

What is defined as the supreme law in Canada?

The Constitution of Canada Signup and view all the answers

Which of the following best describes the concept of Common Law?

A body of law from judicial decisions Signup and view all the answers

What significant role does the Canadian Charter of Rights and Freedoms play?

It defines the rights and freedoms of Canadians Signup and view all the answers

When was the Canadian Charter of Rights and Freedoms enacted?

1982 Signup and view all the answers

Which form of law in Canada is mainly derived from court decisions?

Common Law Signup and view all the answers

What does the term 'stare decisis' refer to in legal contexts?

The doctrine of letting a decision stand Signup and view all the answers

Which of the following best describes statute law?

Laws enacted by a governing body through a legislative process Signup and view all the answers

What is the primary function of administrative law?

To regulate the procedures of government agencies Signup and view all the answers

What distinguishes substantive law from procedural law?

Substantive law relates to relationships between individuals, whereas procedural law outlines the processes to enforce those rights. Signup and view all the answers

What is the role of a legislator in the context of statute law?

To propose and make laws as part of a legislative body Signup and view all the answers

Which of the following is an example of public law?

The Highway Traffic Act Signup and view all the answers

Which law has the ability to adapt by absorbing legal principles from different sources?

Common law Signup and view all the answers

Which of the following correctly identifies the relationship between public law and private law?

Public law deals with individual rights against the government, whereas private law pertains to relationships between individuals. Signup and view all the answers

Study Notes

The Law of Contract

The content focuses on the origins of Canadian law and the legal system.

The Super-duper Brief History

The history of law and legal systems developed from small villages to city states.
Lex Romana was introduced by the Roman Empire.
After the fall of the Roman Empire, England was controlled by the Normans.
The Justices of the Royal Court established a system of law that continued through time.
Sir William Blackstone played a critical role in documenting and codifying English Law.

Before Blackstone

Canon Law related to religion, family, and marriage matters.
Law Merchant focused on commerce and trade.
The Law of Equity developed from the rulings of the King.

The Law for Everyone

Blackstone wrote Commentaries of the Laws of England which was a comprehensive overview of English Law.
It was divided into four volumes, covering the rights of persons, things, public wrongs, and private wrongs.

The Rights of Persons

Explored a citizen's civil duties and individual rights.
Covered Family Law and Employment Law.
Many principles found in the Rights of Persons are incorporated into modern Constitutional Law.

The Rights of Things

Focused primarily on Real Property.
Did not cover personal property or chattels.
Modern law includes various laws related to property, such as Property Law.

Of Public Wrongs

Blackstone discussed criminal law as it existed at the time.
This aspect corresponds to Criminal Law in today's legal system.

Of Private Wrongs

Explained torts, which are civil wrongs causing harm or loss.
The concept of torts is still relevant today, encompassing intentional and unintentional torts.
Contract Law also exists today.

1867 - The British North American Act

The BNA Act created the Canadian Confederation.
The act, originally a British law, governed Canada until 1982.

1982 - The Canada Act

The Canada Act provided Canada with full legislative independence from the United Kingdom.

Where We Are Today

The Canadian Constitution

The Canada Act established the Constitution of Canada.
The Constitution is the supreme law in Canada.
It outlines the organization of Canada's government and the civil and human rights of citizens.

What is a Constitution?

A constitution defines the organization of a state and outlines the powers of its government.

Our Charter

The Canadian Charter of Rights and Freedoms is part of the Constitution (1982).
It details the rights and freedoms of Canadians.
It also outlines the jurisdiction and organization of the federal and provincial governments.

Modern Canadian Law

Canadian law is broadly classified as Common Law, Statute Law, and Administrative Law.
All laws are governed by the Constitution of Canada, including the Canadian Charter of Rights and Freedoms.

What is Common Law?

Common law is derived from judicial decisions by courts and tribunals.
Made by judges.
Based on the doctrine of stare decisis ("to let a decision stand").

Adaptability

Common Law evolves and adapts to principles from other legal systems.
Canon Law, Law Merchant, Law of Equity have been incorporated into Common Law over time.

What is Statute Law?

Laws enacted through a legislative process by federal, provincial, and municipal jurisdictions.
Statutes affect residents of a province or all residents of Canada, depending on their source.
The legislative process creates an 'Act.'

Wait... What is Legislature?

A legislator is a law-maker, serving in a legislative body.
Legislators are typically elected in democracies.
A proposed Statute Law is presented to a legislative body (House of Commons or Provincial Assembly).
Once passed, Statutes become the law.

What is Administrative Law?

Regulates government agencies and their operations.
Enforces the regulations provided within Statutes through administrative bodies.

Laws Classified...

Common Law and Statute Law can be classified into:
- Substantive Laws: Define the rights and duties of individuals.
- Procedural Laws: Outline the procedures for enforcing substantive rights.

Substantive Law

Can be divided into Public and Private Law:
- Public Law: Relates to the relationship between individuals and the government (e.g., the Highway Traffic Act).
- Private Law: Governs the relationships between individuals and the laws they create (rights and duties).

Contract Law - We're Here!

Contract law is a part of Private Law.

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Description

Explore the foundations of Canadian law and the evolution of legal systems from ancient villages to modern times. This quiz covers significant milestones, including the introduction of Lex Romana and the work of Sir William Blackstone. Test your knowledge on the development of various laws and their implications in society.