Laws, Rules, Morals, Social Contract
Who makes Law, Rules, Morals, and Social Contract?
The answer is . . .
Law = Government
Rule = Organizations
Moral = Individuals
Social Contract = Everyone and no one
What is the difference between Substantive Law and Procedural Law?
Answer!
Substantive Law is the law, and Procedural Law is the steps in applying Substantive Law.
What is precedent?
The answer is . . .
Precedent means to follow earlier, similar decisions. In our particular context, it is following similar decisions from court cases.
What is restitution? Give an example!
Answer!
Restitution means to pay for the damage you caused.
Ex. Court Order of Restitution to Repair a window
What are 3 positive ways to change law?
Voting
Peaceful Protest
Petition
Social Media (Influence)
Become a Member of Parliament
Get appointed to the Senate
Public Debates
What is an example of a rule?
Answer!
No Hats a Miller, No running in the halls, wearing your work uniform, no phones in the classroom . . . and many more
What is also called Civil Law?
Answer!
Private Law!
What is are 3 positives and 3 negatives to precedent?
Positives – quicker for judge to decide, lawyers can predict the decisions of their clients’ cases, more fair because cases are decided the same based on precedent not on the quality of the litigant, cheaper/faster court
Negatives – not all cases all close enough to a past case, the bad 1st case problem, cases get out of date, sometimes a case may have the same facts but the people in the case are very different so maybe precedent should not apply
List 6 functions of law!
1.Protection of citizens
2.Set rules of conduct
3.Protecting freedoms
4.Protecting all members of society
5.Restitution
6.Retribution
7.Rehabilitation
8.Deter citizens from breaking the law
9.Reflecting morals of a society
10.Employment
11.Settling disputes
What are 3 Negative ways to change law?
Assassination
Rebellion (Violence)
Vandalism (Images against those in power)
Rioting
Spreading Misinformation
Flouting
Destructive Protests (France in 2025)
Coup D’etat
What is the consequence for breaking a moral?
The answer is . . .
Cognitive Dissonance, Shame, Guilt, and more . . .
What types of things does Administrative Law deal with?
Answer!
employment insurance, workers’ compensation, and immigration law.
What is case law, and what is statute law?
Answer!
Case law are the judges’ decisions
Statutes are laws made by the provincial and federal government.
Explain what is the most important function of law?
1.Protection of citizens
2.Set rules of conduct
3.Protecting freedoms
4.Protecting all members of society
5.Restitution
6.Retribution
7.Rehabilitation
8.Deter citizens from breaking the law
9.Reflecting morals of a society
10.Employment
11.Settling disputes
What is Arbitration?
This is when a neutral third party, an arbitrator, gathers information from two sides of a dispute. After, the arbitrator creates legally binding decision for both parties.
Give 2 examples of the Social Contract!
Answer!
Being quiet when someone is on the phone. Holding the door for older people. Listening when someone speaks. Waiting in line. etc.
Which Division of Law deals with the injured party suing the negligent party for damages?
Answer!
Tort Law!
How does case law affect statue law?
Answer!
Case laws add detail to statute law. For example, the statute says assault is illegal. However, case law determines what assault is (ie spitting on someone).
How does the Rule of Law impact Canada today?
1.We have courts
2.Our judges are appointed
3.Our laws are written
4.Our laws apply to everyone including PM
5.Our Charter says we are innocent until proven guilty
6.Laws must be changed in an orderly fashion
7.We solve our legal disputes in court
What are the two important parts of Constitutional law?
1. The Constitution Act of 1867 sets out the division of powers between the federal and provincial governments.
2. The Charter of Rights and Freedoms is a part of the Constitution Act. It was added to the Constitution Act in 1982.
Who must follow each of the following: Laws, Rules, Morals, and Social Contract.
Answer!
Law = Citizens and Visitors
Rules = People in organization
Morals = the individual
Social Contract = All who want to be accepted in society
List the subdivisions of Private Law and Public Law!
Answer!
Private = Contract, Tort, Family, Property, Labour
Public = Constitutional, Criminal, Administrative
R. v. McAlpin (2025) 21 C.C.C 67 Sask. KB
Identify what each part of the citation means!
#1 - R. means Rex or Regina (therefor a criminal case)
#2 - McAlpin is the Defendant or the Accused
#3 - 2025 is the year the judge's decision
#4 - Sask KB means Sask King’s Bench
#5 - 21 is the volume number
#6 - C.C.C means Canadian Criminal Cases
#7 - 67 represents the page number
What are the three main concepts from the Rule of Law?
Habeas corpus
Separation of powers (government, police, and judiciary)
Law applies to all, even the ruler
What are the differences between Civil Law and Criminal Law?
Civil: Private Law, Person v. Person, Monetary Compensation or a court order to do something, Plaintiff controls the case, Accidental/Negligent Action, Publically Recorded Cases
Criminal: Public Law, Crown v. Person, (Fine, Jail, or Community Service), Crown Prosecutor controls the case, Planned/intentional Action, Criminal Record
Similarities: Settlement possible, Serious/Minor incidents.