Chapter Two Classifying Law

Key Terms and Concepts administrative law p. 43 administrative law p. 43 bylaws p. 37 bylaws p. 37 civil law p. 44 civil law p. 44 constitutional law p. 37 constitutional law p. 37 contract law p. 45 contract law p. 45 criminal law p. 43 criminal law p. 43 distinguishing a case p. 35 distinguishing a case p. 35 domestic law p. 40 domestic law p. 40 employment law p. 46 employment law p. 46 English common law p. 35 English common law p. 35 estate law p. 46 estate law p. 46 family law p. 45 family law p. 45 international law p. 38 international law p. 38 jurisdiction p. 36 jurisdiction p. 36 private law p. 44 private law p. 44 procedural law p. 42 procedural law p. 42 property law p. 46 property law p. 46 public law p. 43 public law p. 43 statute law p. 35 statute law p. 35 substantive law p. 41 substantive law p. 41 tort law p. 45 tort law p. 45

Sources of Law in Canada In Canada laws originate from three sources: previous legal decisions (common law), elected government representatives (statute law), and the Canadian Constitution (constitutional law). In Canada laws originate from three sources: previous legal decisions (common law), elected government representatives (statute law), and the Canadian Constitution (constitutional law).

Constitutional law appears at the top of the pyramid because it overrides all other laws. Constitutional law appears at the top of the pyramid because it overrides all other laws.

Common law is constantly evolving as judges decide new cases based on previous judicial decisions. If a judge disagrees with the decision made by a previous judge, or if the precedent no longer applies, he or she can reject previous decisions and create a new precedent. This process is called distinguishing a case. Common law is constantly evolving as judges decide new cases based on previous judicial decisions. If a judge disagrees with the decision made by a previous judge, or if the precedent no longer applies, he or she can reject previous decisions and create a new precedent. This process is called distinguishing a case.

Statute law is law that is passed by elected representatives in the form of acts or statutes. Each level of government-federal, provincial, and municipal-has the power to enact legislation in its own area of political jurisdiction (authority and control). Statutes generally override previous common law. Statute law is law that is passed by elected representatives in the form of acts or statutes. Each level of government-federal, provincial, and municipal-has the power to enact legislation in its own area of political jurisdiction (authority and control). Statutes generally override previous common law.

Constitution law comes from the Constitution, a document that determined the structure of government and divides law making between the federal government and the provinces. Constitutional law also sets out certain basic laws, principles, and standards to which all other laws must adhere. Constitutional law overrides statute law and common law, which means that if a law is found to be in violation of a constitutional law, the courts may strike it down on the grounds that it is “unconstitutional.” Constitution law comes from the Constitution, a document that determined the structure of government and divides law making between the federal government and the provinces. Constitutional law also sets out certain basic laws, principles, and standards to which all other laws must adhere. Constitutional law overrides statute law and common law, which means that if a law is found to be in violation of a constitutional law, the courts may strike it down on the grounds that it is “unconstitutional.”

Jurisdictions in Canada The federal government enacts laws that apply to everyone in Canada. It has jurisdiction in several areas of law, including criminal law, federal penitentiaries, employment insurance, banking and currency, marriage and divorce, and postal services The federal government enacts laws that apply to everyone in Canada. It has jurisdiction in several areas of law, including criminal law, federal penitentiaries, employment insurance, banking and currency, marriage and divorce, and postal services

The laws that provincial governments pass apply to people in that particular province. Provinces have jurisdiction to make laws affecting hospitals, police forces, property rights, highways, and other areas. The laws that provincial governments pass apply to people in that particular province. Provinces have jurisdiction to make laws affecting hospitals, police forces, property rights, highways, and other areas. Municipal or local governments make laws called bylaws that deal with local issues such as garbage collection, the height of backyard fences, or who is responsible for clearing snow from sidewalks. Municipal or local governments make laws called bylaws that deal with local issues such as garbage collection, the height of backyard fences, or who is responsible for clearing snow from sidewalks.

Indian Bands established under the federal Indian Act are like local governments in that they have some authority to make bylaws that apply to that band’s reserve lands. If an Aboriginal group has a self- government agreement, that group has wider law-making powers than a band. Indian Bands established under the federal Indian Act are like local governments in that they have some authority to make bylaws that apply to that band’s reserve lands. If an Aboriginal group has a self- government agreement, that group has wider law-making powers than a band.

Assignment Read pages of the text. Read pages of the text. Complete questions 1 – 4 from page 38. Complete questions 1 – 4 from page 38.

Categories of Law

Legal disputes rarely fit neatly into one category or another without overlapping at some point. However, categories provide distinctions that help to clarify and organize a complex body of law. The main broad categories of law include international and domestic law, substantive and procedural law, and public and private law. Legal disputes rarely fit neatly into one category or another without overlapping at some point. However, categories provide distinctions that help to clarify and organize a complex body of law. The main broad categories of law include international and domestic law, substantive and procedural law, and public and private law.

International law is law that governs the conduct of independent nations in their relationship with one another. Because there is no one global law-making authority, international law is generally created by custom. In addition, nations sign treaties or agreements that are considered as binding as laws. For example, Canada has entered into agreements with other countries on free trade agreements and defence treaties. International law is law that governs the conduct of independent nations in their relationship with one another. Because there is no one global law-making authority, international law is generally created by custom. In addition, nations sign treaties or agreements that are considered as binding as laws. For example, Canada has entered into agreements with other countries on free trade agreements and defence treaties. International Law

Domestic Law & Substantive Law Law made and enforced within a nation’s borders is known as domestic law. Law made and enforced within a nation’s borders is known as domestic law. One category of domestic law is substantive law. Substantive law is the content of the law. It defines the rights, duties, and obligations of citizens and levels of governments. Examples include the right to own and protect property, to enter into a legal contract, and to seek remedies if that contract is broken. One category of domestic law is substantive law. Substantive law is the content of the law. It defines the rights, duties, and obligations of citizens and levels of governments. Examples include the right to own and protect property, to enter into a legal contract, and to seek remedies if that contract is broken.

Procedural law The other category of domestic law is procedural law. Procedural law is the law that prescribes methods of enforcing the rights, duties, and responsibilities found in substantive law. For example, procedural law refers to gathering evidence properly, following the legal requirements for a lawful arrest, and adhering to correct trial procedures. Procedural law helps ensure that all citizens are treated fairly and that neither the police nor the courts act arbitrarily. The other category of domestic law is procedural law. Procedural law is the law that prescribes methods of enforcing the rights, duties, and responsibilities found in substantive law. For example, procedural law refers to gathering evidence properly, following the legal requirements for a lawful arrest, and adhering to correct trial procedures. Procedural law helps ensure that all citizens are treated fairly and that neither the police nor the courts act arbitrarily.

Public and Private Law Substantive law can be divided into the categories of public law and private law. Public law regulates the relationship between the government and its citizens. Substantive law can be divided into the categories of public law and private law. Public law regulates the relationship between the government and its citizens.

PUBLIC LAW Constitutional law is one type of public law. (see previous notes) Constitutional law is one type of public law. (see previous notes)

Another type of public law is administrative law. The everyday lives of Canadians are probably more affected by administrative law than any other branch of law. Victims of violent crimes seeking reparation for injuries or expenses, injured workers seeking compensation, and people concerned about a subdivision being built near a conservation area all find themselves involved in administrative law Another type of public law is administrative law. The everyday lives of Canadians are probably more affected by administrative law than any other branch of law. Victims of violent crimes seeking reparation for injuries or expenses, injured workers seeking compensation, and people concerned about a subdivision being built near a conservation area all find themselves involved in administrative law

It is criminal law, however, another type of public law that attracts the most media attention. Criminal law prohibits and punishes behaviour that causes harm to others such as murder, robbery, or assault. All crimes are described in the Criminal Code of Canada and only the federal government has the authority to pass criminal legislation. It is criminal law, however, another type of public law that attracts the most media attention. Criminal law prohibits and punishes behaviour that causes harm to others such as murder, robbery, or assault. All crimes are described in the Criminal Code of Canada and only the federal government has the authority to pass criminal legislation.

PRIVATE LAW Private law, more commonly known as civil law, covers all the areas of law that deal with legal relationships between individuals and between individuals and organizations (excluding the government). Private law, more commonly known as civil law, covers all the areas of law that deal with legal relationships between individuals and between individuals and organizations (excluding the government).

The main purpose of private law is to regulate conduct and compensate individuals who have been harmed by the wrongful actions of others. Private law refers to torts (civil injuries), contracts, and family law. It also includes property law, employment law and estate law. The main purpose of private law is to regulate conduct and compensate individuals who have been harmed by the wrongful actions of others. Private law refers to torts (civil injuries), contracts, and family law. It also includes property law, employment law and estate law.

Chapter Assignment Complete questions 1 – 4 on page 46 Complete questions 1 – 4 on page 46 Complete questions 1 – 8 on page 47 Complete questions 1 – 8 on page 47