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Exam (elaborations)

COMM 315 final exam with actual questions and answers Concordia University

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COMM 315 final exam with actual questions and answers Concordia University










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Uploaded on
December 15, 2023
Number of pages
8
Written in
2023/2024
Type
Exam (elaborations)
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COMM 315 final exam with actual questions
and 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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