Introduction to Law Rules & Laws

What are rules? Rules apply to the participants in the game or members of the organization that people are participating in Example: a rule of hockey is no icing. This rule applies only to those playing the game of hockey. Rules are needed because situations involving more than one person usually require rules to regulate and control them. Think of this school, if there were no rules how would this area of your life change?

What are laws? A law is a rule needed to govern an action; a rule that is established by government for the members of its society to follow and obey.

How are Rules and Laws different? A law is not just an ordinary rule. Ordinary rules are part of our everyday lives in Canada, whether they are made by institutions, organizations, or schools. We must obey and follow these rules or face the consequences. Laws are mandatory, rules may be optional. A law, however, is a special kind of rule; it is a legal rule. Laws apply to all members of society and are usually made and enforced by the government and supporting agencies. There is a formal system of procedures for the enforcement of laws. They are generally enforceable in a court, whereas rules are usually not. If a citizen breaks or violates a law, a system of remedies and punishments is in place to deal with the offender.

* Laws are essentially a set of rules, but there are 3 main characteristics that make laws different from simple rules: Laws are a set of rules established and enforced by government. Laws are mandatory. Laws involve consequences

Rules vs. Laws Quiz You don't go to school on Labour Day. When driving your car, you STOP at a red light. You and your friends always sit at the same table in the cafeteria. Every child in Ontario must go to school until they are 18. If they have obtained a secondary school diploma they can leave school at an earlier age. In elementary school students walk down the hallways in a single file line.

We look to the law for justice and fairness We look to the law for justice and fairness. If a person steals from us, we look for justice. If we have been discriminated against at our jobs or fired without just cause, we look for fairness from the legal system in terms of remedies. Laws reflect the values, beliefs, or morals of society The overall purpose of the law is to keep social order and further the collective good (collective good commonly defined as the greatest happiness of the greatest number with codified protection of individual and minority rights). However, there are other purposes of law that help accomplish the overall goal of social order.

Purposes of Law Laws Promote the Goals of Society Laws Provide a Method to Settle Disputes Peacefully Law Protect Persons and Possessions (punishment and deterrence) Law Provides Order in Society

Ever Changing Laws Laws are not static In our society, laws are dynamic and are constantly subject to societal, cultural, economic, religious, and political changes Laws need to keep pace with the times The need for new laws often coincides with the need for reform Example: internet crime, gambling, same-sex benefits

The Rule of Law & Due Process Canadians are governed by the British tradition of Rule of Law and every dispute is settled by Due Process in the courts The Rule of Law is founded on the belief that no one person or body is above the law No one, from politicians to police, have power over the law There must be an orderly way to change laws All legal problems should be settled in a court of law without the intervention of a third party Due Process is an orderly process where once a person is served with a notice of arrest, he/she has the right to: be heard in a court of law, a prompt and fair trial, and appropriate sentencing

Divisions of Law In Canada, the law is divided into two basic types: substantive and procedural. Substantive Law: laws that outline a person's rights and responsibilities; further divided into Public Law Private Law Procedural Law: legal processes that protect and enforce our rights

There are 3 types of public law: Criminal Law: outlines offences against society and their punishments. Constitutional Law: outlines the structure and powers of governments. Administrative Law: outlines the relationship between citizens and government agencies.

There are 5 types of private/civil law: Tort Law: a person is held responsible for damage caused to another; "tort" is Latin for "a wrong". Family Law: deals with the various relationships of family life (e.g. marriage) Contract Law: outlines requirements for legally binding agreements. Property Law: outlines relationship between individuals and property. Labour Law: outlines relationship between employers and employees.