What influences law?
Is the law static or dynamic?
It is a dynamic process that evolves and adapts to society.
What is procedural law?
Procedural Law: Sets out the rules of legal conduct
Ex. Police responsibilities, court procedures, etc…
What is criminal law?
Criminal Law:
Rules passed by parliament that define “crimes” that are considered to be offenses against society
Is found in the Criminal Code (acts and their punishments are described)
Goal is to punish offenders and protect society and its members
What is family law?
Family Law:
Deals with family-related issues and domestic relations (people living together)
Ex. Divorce, spousal abuse, custody, adoption, child abuse, child abduction, etc…
What is contract law?
Contract Law:
Regulates the enforcement of contracts
Most important feature of a contract is that one party makes an offer for a bargain that another party accepts
BREACH OF CONTRACT - if Someone does not fulfil the terms of contract (injured party can take legal action)
CONTRACT=A legally binding exchange of promises or agreement between parties that the law will enforce.
What is the difference between a rule and a law?
Laws apply to all members of society and are usually made and enforced by the government.
Formal system and procedures for the enforcement of laws.
If a citizen breaks or violates a law, repercussions will be taken and punishments will be given to the offender.
What is substantive law?
Substantive Law:
Defines rights and obligations that people must follow
Divided into statute law (bills, laws, regulations, Orders-in-Council)
And case law.
What is environmental law?
Environmental Law:
Deals with a complex system of law that works to protect the natural environment.
Some environmental law regulates the impact of human activities.
Ex. Allowable levels of pollution in water
What is labour law?
Labour law:
Governs the relationship between employer and employee.
Defines your rights and obligations as workers, union members and employers in the workplace.
Ex. employment standards (min. Wage, vacation time, pay equity, etc…)
What is estate law?
Estate Law:
Deals with wills and estates
Deals with how an individual's property is distributed after death.
This area of law deals with wills that clearly layout an individual’s wishes
What is the definition of a law? And what is the definition of a rule?
Laws can cause people to be punished
Laws are established by the government for members if its society to follow and obey
A law is a rule that is needed to govern over actions.
Laws are mandatory and are considered legal rule?
Rules are guidelines for appropriate behaviour.
Rules are less official.
Rules only apply to the participants in the game/organisation that people are participating in.
Rules are in place to keep order and to ensure everyone is staying on track.
What is common law?
A body of law created from previous court decisions.
Guiding Principles is “stare decisis”(Rule of precedent).
Trials must be held publicly.
Judges must give reasons for their actions (reason for deciding).
Used all over Canada except Quebec.
What is constitutional law?
Constitutional Law:
Are the basic laws of nation states
In Canada, are the laws that set out the structure of federal, provincial, and territorial governments and the division of powers among them.
Constitutions are the framework for government and may limit or define authority.
What is commercial law?
Commercial Law:
Governs business and regulates corporate contracts such as hiring and the sale of goods and services.
Things that influence law?
Morality, rights and wrongs.
Regulation and order in the world.
Political ideologies.
Trends in society.
Technology and change.
Public opinion.
International Trends/Pressure.
Events: protests, actions, historical, global ect…
Demographic changes.
Religion.
What is private law?
Private Law: (AKA civil law) deals with the interests of private individuals
Ex. Family Law, Commercial Law, Labour Law
What is administrative law?
Administrative Law:
Controls the relationship between citizens and government agencies
Ex. Provincial Workers Compensation Board and Liquor Control Board
What is TORT law?
TORT:
Defines wrongs by one person or a group against another (it is a civil wrong and can be a criminal wrong)
Gives remedies to those who have been injured by the intentional or negligent action of others.
Ex. Car accident injury because of another’s negligent or criminal behaviour. Defamation-tarnishing someone’s reputation
What are the 6 function's of the law
Helps us avoid or settle disputes.
Ex. Divorce
Sets out rights and obligations.
Ex. Government is obliged to provide certain services
Provides remedies.
Ex. Johnny Depp gained money as compensation for the trial with Amber Heard.
Maintains order and provides protection.
Ex. Law enforcement.
Sets up structure of government.
Ex. Municipal is responsible for transit, Provincial is responsible for education, Federal is responsible for immigration.
Directs how to make laws.
Ex. The Supreme court.
What is public law?
Public Law: Deals with the relationship between government and individuals
Ex. Criminal Law, administrative law, constitutional law
What is tax & aboriginal law?
Tax & Aboriginal Law
Tax Law - A codified system concerning the levies on economic transactions
Aboriginal law - deals with a comprehensive series of acts and regulations concerning native people in Canada
What is property law?
Property Law:
Is a set of legal rules that controls the use, enjoyment and rental of real property(land) and personal property.
Includes everything from copyright or patents (for ideas) to jewellery, clothes and buildings.
Property = anything that has cash value