TYPES OF LAW PUBLIC LAW-Deals with the relationship between government and individuals PRIVATE LAW (AKA CIVIL LAW)-deals with the interests of private.

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Presentation transcript:

TYPES OF LAW PUBLIC LAW-Deals with the relationship between government and individuals PRIVATE LAW (AKA CIVIL LAW)-deals with the interests of private individuals

PUBLIC LAW

CONSTITUTIONAL LAW (public) Are the basic laws of nation states In Canada, are the laws that set out the structure of the federal, provincial and territorial governments and the division of powers among them Constitutions are the framework for government and may limit or define authority. Example: Constitution Act, 1982-outlines our most basic laws. CONSTITUTIONAL LAW (public)

ADMINISTRATIVE LAW (public) Controls the relationship between citizens and government agencies. Examples: Provincial Workers Compensation Board and Liquor Control Board ADMINISTRATIVE LAW (public)

Rules passed by parliament that define ‘crimes’ that are considered to be offences against society e.g. Murder, kidnapping, etc.. Is found in the Criminal Code (acts and their punishments are described) Goal is to punish offenders and protect society and its members Example of punishment: Loss of liberty (jail) or government supervision (Probation) CRIMINAL LAW (public)

ENVIRONMENTAL LAW (public) Deals with a complex system of law that works to protect the natural environment. Some environmental law regulates the impacts of human activities. Example: allowable levels of pollution in water ENVIRONMENTAL LAW (public)

TAX & ABORIGINAL LAW (public) TAX LAW-is a codified system concerning the levies on economic transactions (taxes) ABORIGINAL LAW-deals with a comprehensive series of acts and regulations concerning natives in Canada. TAX & ABORIGINAL LAW (public)

PRIVATE LAW

COMMERCIAL LAW (private) Governs business and regulates corporate contracts such as hiring and the sale of goods and services. COMMERCIAL LAW (private)

CONTRACT LAW (private) 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 fulfill the terms of a contract (injured party can take legal action) CONTRACT=A legally binding exchange of promises or agreement between parties that the law will enforce. CONTRACT LAW (private)

Governs the relationship between employers and employees Defines your rights and obligations as workers, union members and employers in the workplace. Examples: employment standards (min. wage, vacation time, pay equity, etc...) LABOUR LAW (private)

Deals with family-related issues and domestic relations (people living together) Examples: divorce, spousal abuse, custody, adoption, child abuse, child abduction, etc...) This area of law is constantly changing. FAMILY LAW (private)

PROPERTY LAW (private) 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 jewelry, clothes and buildings. Example: Tenant Protection Act-become familiar with it if you are living away from home for university/college. Property = anything that has cash value PROPERTY LAW (private)

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. Examples: -car accident injury because of another’s negligent or criminal behaviour -Defamation-tarnishing someone’s reputation TORT (private)

ESTATE LAW (private) 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. ESTATE LAW (private)

COMPARISON OF CIVIL AND CRIMINAL LAW

Comparison CIVIL (Private) CRIMINAL (Public) Parties Plaintiff v. Defendant R. (Regina or the Crown) v. Defendant Breach of Common or statute law Select federal statutes, e.g. Criminal Code or Narcotics Control Act Purpose Resolution of Disputes Protection of society Action Lawsuit Prosecution Remedy Compensation Punishment Courts Family Court Ontario Court (General Division) Court of Appeal Supreme Court of Can Ontario Court (Prov. Div) Ontario Court (General Div) Court of Appeals Case Examples contracts, assault, negligence, tenant, etc... fraud, arson, theft, assault, murder, etc...